General and Personal Insolvency Sub-area
General and Personal Insolvency Sub-area
About this Sub-Area
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 and Family Court of Australia.
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.
Practice Notes
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
NPA Practice Note: | NOTE: also refer to Schedule 2 of the practice note – General and Personal |
Other general practice notes and Court developed guides which may be relevant to this Sub-area include:
General Practice Notes: |
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Guides: |
Forms, Rules & Fees
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:
Forms: |
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Rules: |
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Latest Judgments
- 7 Nov 2024:
Storry v Clout [2024] FCA 1274
BANKRUPTCY AND INSOLVENCY - application by bankrupt for removal of trustee pursuant to s 90-15 of Schedule 2 of the Bankruptcy Act 1966 (Cth) - where applicant alleges that respondent breached trustees' duties by breaching s 116(2), acting in bad faith and in conflict of interest - principles governing removal of trustee in bankruptcy -…
Judge: Rangiah J - 31 Oct 2024:
Moran v Psomas (Trustee), in the matter of Moran (Bankrupt) [2024] FCA 1258
COSTS - appropriate order as to costs - where bankrupt sought orders granting permission to bankrupt to travel overseas - orders made by consent permitting bankrupt to travel before substantive hearing - costs sought against trustee in bankruptcy
Judge: McDonald J - 31 Oct 2024:
Psomas (Trustee), in the matter of Moran (Bankrupt) [2024] FCA 1259
BANKRUPTCY AND INSOLVENCY - application to set aside or vary examination summonses - application to set aside or vary orders for production of documents - where summonses and orders alleged to be invalid - whether compliance with summonses would be oppressive - examination summonses set aside in part - orders for production of documents set aside
Judge: McDonald J - 25 Oct 2024:
Bertram v Naudi (No 2) [2024] FCA 1239
BANKRUPTCY - application by bankrupt for three contribution assessments to be set aside on the basis that they are void or invalid - where applicant is a discharged bankrupt - where the Trustee found the bankrupt received a benefit in the form of payment of legal services within the meaning of s 139L(1)(a)(v) of the Bankruptcy Act (1966) (Cth) -…
Judge: O'Sullivan J - 24 Oct 2024:
Thompson v Lane [2024] FCA 1234
BANKRUPTCY - applicant discharged from bankruptcy - application for trustee to cease acting - administration of bankrupt estate ongoing - further relief seeking full and frank disclosure - duties of trustee - duty to inform - alleged improper payment out of administration account
Judge: Collier J - 18 Oct 2024:
Ezekiel-Hart v Reis [2024] FCA 1203
PRACTICE AND PROCEDURE - bankruptcy - security for costs application - stay application - whether respondent will be able to recover costs of the appeal if successful - whether reasonable prospects of success on appeal - whether the appeals will be stifled or stultified if order for security made - where appellant has already had his "day in…
Judge: Perry J - 17 Oct 2024:
Bullen v Mangano [2024] FCA 1199
BANKRUPTCY AND INSOLVENCY - creditor's petition for a sequestration order - respondent debtor's evidence inadequate to establish that she is able to pay her debts within the meaning of s 52(2)(a) of the Bankruptcy Act 1966 (Cth) - sequestration order made
Judge: Goodman J - 14 Oct 2024:
Combis (Trustee) v Geason (No 2) [2024] FCA 1224
BANKRUPTCY AND INSOLVENCY - where the applicant trustee applies for an order under s 146 of the Bankruptcy Act 1966 (Cth) (the Act) for an order for the distribution of dividends where the bankrupt has not filed a statement of affairs (SoA) - where the bankrupt asserted that he had filed a SoA - where the Official Receiver conducted an inquiry…
Judge: Logan J - 11 Oct 2024:
Stolyar v Scott (Leave to appeal) [2024] FCA 1182
PRACTICE AND PROCEDURE - application for leave to appeal judgment determining distribution of proceeds from sale of property - where both parties claim the balance of the proceeds following payments to other creditors - whether applicant should be granted leave to appeal where she seeks to raise new grounds on appeal that were not put to the…
Judge: Perram J - 11 Oct 2024:
Amirbeaggi as trustee of the bankrupt estate of Hanna v Hanna (No 3) [2024] FCA 1171
TRUSTS AND TRUSTEES - volunteer recipient of transfer of interest in land received at the direction of another person - the other person, later on notice that the transfer was the product of fraudulent conduct, directed the recipient to transfer the property to a third party - whether the initial recipient held the interest in land on Black v S…
Judge: Goodman J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.