This Sub-area includes matters related to general and personal insolvency under the Bankruptcy Act 1966 (Cth) (Bankruptcy Act). Relevant matters include:

• Applications by trustees in the management of bankrupt estates (e.g. voidable transactions)
• Applications by bankrupts contesting decisions of a trustee
• Applications for annulment of bankruptcy
• Bankruptcy matters referred to a Judge by a Judicial Registrar.

Bankruptcy matters may be heard by the Federal Court. They may also be heard in the Federal Circuit Court.

This Sub-area does not include any corporate insolvency matters such as winding-up applications. These types of matters fall within the Corporations and Corporate Insolvency Sub-area in the Commercial and Corporations NPA.

Bankruptcy matters before a Judicial Registrar

A significant proportion of bankruptcy matters are case managed and determined by Judicial Registrars of the Court. This includes:

• creditors’ petitions
• applications to set aside bankruptcy notices
• examinations pursuant to s 81 of the Bankruptcy Act.

A Guide to Bankruptcy Matters before a Judicial Registrar has been prepared to assist litigants involved in bankruptcy matters before a Judicial Registrar and relevant information for Judicial Registrar bankruptcy lists in each registry.

Other general practice notes and Court developed guides which may be relevant to this Sub-area include:

Filing fees for commencing a proceeding in this Sub-area may apply. Information about Court Fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.

The general procedure for the conduct of matters in this Sub-area is set out in the Federal Court (Bankruptcy) Rules 2016 (Bankruptcy Rules). As the Bankruptcy Rules do not provide a comprehensive code, the Federal Court Rules 2011 (Cth) (Rules) also apply except to the extent of any inconsistency.

Unless the Bankruptcy Rules otherwise provide, you must make an application under the Bankruptcy Act to the Court by filing:

• Bankruptcy Act 1966 (Cth)
• Federal Court (Bankruptcy) Rules 2016 (Cth)
• Cross-Border Insolvency Act 2008 (Cth)

• 30 Oct 2020: Williams (formerly Turco) v Mortgage Ezy Australia Pty Ltd [2020] FCA 1567
  BANKRUPTCY AND INSOLVENCY - appeal from decision of Federal Circuit Court of Australia affirming decision of Registrar to grant a sequestration order - whether primary judge erred by finding proceedings against third parties did not identify a proper basis to adjourn the creditor's petition - discretionary decision - how primary judge reached the…
  Judge: Jackson J
• 29 Oct 2020: Nyoni v Beadle in her capacity as Trustee of the Bankrupt Estate of Emson Clever Nyoni (No 4) [2020] FCA 1572
  PRACTICE AND PROCEDURE - interlocutory application to set aside orders dismissing an appeal from a decision of Federal Circuit Court - where appellants failed to appear at hearing of appeal - where appeal dismissed pursuant to Federal Court Rules 2011 (Cth) r 36.75(1)(a)(i) - principles guiding Court's discretion to reinstate appellate proceedings …
  Judge: Charlesworth J
• 26 Oct 2020: Wong (Trustee), in the matter of Mackellar (Bankrupt) v Mackellar (No 2) [2020] FCA 1583
  PRACTICE AND PROCEDURE - request for adjournment - no prejudice to trustees in bankruptcy - adjournment granted INSOLVENCY - personal insolvency - cross-border insolvency - adjournment of application pending proposed Individual Voluntary Arrangement in Hong Kong
  Judge: Derrington J
• 20 Oct 2020: Trustee of the Property of Brian John Byrne, a Bankrupt v Byrne [2020] FCA 1532
  BANKRUPTCY AND INSOLVENCY - application by trustee in bankruptcy for declaration as to vesting of real estate property, and orders for vacant possession (alternatively a warrant for possession), removal of household property (alternatively right to remove household property, and execution of documents necessary to effect sale - where common ground …
  Judge: Bromwich J
• 20 Oct 2020: Commonwealth Bank of Australia v State of Western Australia, in the matter of Arbidans (a Bankrupt) [2020] FCA 1514
  BANKRUPTCY - disclaimer of real property under s 133 of the Bankruptcy Act 1966 (Cth) - application under s 133(9) by mortgagee for vesting of bankrupt's property in mortgagee for the purpose of sale effect of disclaimer by trustee in bankruptcy - where mortgagee seeks to utilise powers as if mortgagee in possession - application successful
  Judge: Jackson J
• 14 Oct 2020: Hanna v Deputy Commissioner of Taxation [2020] FCA 1467
  PRACTICE AND PROCEDURE - application for extension of time for leave to appeal
  Judge: Flick J
• 9 Oct 2020: Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority (No 2) [2020] FCA 1575
  PRACTICE AND PROCEDURE - application to strike out parts of defence in a bankruptcy and insolvency action - whether parts of defence should be struck out pursuant to r 16.21 Federal Court Rules 2011 (Cth) - application for summary judgment - whether no reasonable prospect of defending the proceeding pursuant to r 26.01 Federal Court Rules 2011…
  Judge: Wigney J
• 9 Oct 2020: Taylor (liquidator) v Trustee, bankrupt estate of Heading, in the matter of Heading [2020] FCA 1450
  BANKRUPTCY - application under s 58(3) of the Bankruptcy Act 1966 (Cth) for leave to commence and continue a proceeding in respect of a provable debt - claimed contravention by a company director of s 588G of the Corporations Act 2001 (Cth) - where director was declared bankrupt and later discharged from bankruptcy - where applicants seek a…
  Judge: Charlesworth J
• 8 Oct 2020: Shaw v The Official Trustee in Bankruptcy of the Australian Financial Security Authority [2020] FCA 1570
  PRACTICE AND PROCEDURE - application for recusal - whether fair-minded lay observer might reasonably apprehend that judge does not have an impartial mind to the resolution of the proceeding - whether fair-minded lay observer might reasonably apprehend that judge was predisposed against the applicant as a result of what transpired at case…
  Judge: Wigney J
• 8 Oct 2020: Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore (No 4) [2020] FCA 1458
  PRACTICE AND PROCEDURE - implied undertaking not to disclose contents of documents filed in court until received in evidence - application by trustee in bankruptcy for leave to use affidavit filed in response to examination summons to recover money for the benefit of the bankrupt estate in another proceeding - leave not required
  Judge: Jackson J

• Australian Financial Security Authority (AFSA)
• AFSA - Bankruptcy Register Search