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
- 24 Mar 2023:
Frigger v Trenfield (No 3) [2023] FCAFC 49
APPEAL AND NEW TRIAL - appeal - appeal by way of rehearing - errors of fact - advantage of primary judge - principles of appellate review. BANKRUPTCY AND INSOLVENCY - appeal from the decision of the primary judge in Frigger v Trenfield (No 10) [2021] FCA 1500 (primary judgment) - where the appellants made numerous challenges to the findings of the …
Judge: Allsop CJ, Anderson and Feutrill JJ - 22 Mar 2023:
Francis (Trustee), in the matter of Fotios (Bankrupt) v Helios Corporation Pty Ltd (No 3) [2023] FCA 251
CORPORATIONS - application by Court appointed receivers of trust assets for advice and approval of entry into instruments to effect proposed settlement - application for approval of remuneration and orders for release from liability - application by trustees in bankruptcy for approval of remuneration on basis of work done to preserve trust assets…
Judge: Colvin J - 21 Mar 2023:
CSM Lawyers Pty Ltd v Manzo, in the matter of Manzo [2023] FCA 236
BANKRUPTCY AND INSOLVENCY - application by respondent to set aside sequestration order made by registrar - whether s 52(1) Bankruptcy Act 1966 (Cth) satisfied - whether valid service of bankruptcy notice and creditor's petition - where creditor's petition not served personally - where notice of appearance entered by respondent - where respondent…
Judge: Downes J - 20 Mar 2023:
Singh v Khan (No 2) [2023] FCA 239
Judge: Colvin J - 16 Mar 2023:
Coleman v Gannaway [2023] FCA 224
BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice issued under s 41(1) of the Bankruptcy Act 1966 (Cth) - where bankruptcy notice includes arithmetical error in currency conversion - where bankruptcy notice annexes two judgments - where creditor claimed lesser sum in bankruptcy notice than actual sums constituting foreign…
Judge: Jackman J - 15 Mar 2023:
Mayart Pty Ltd v Knight [2023] FCA 218
BANKRUPTCY AND INSOLVENCY - creditor's petition - bankruptcy notice based on failure to pay judgment debt - whether Court should go behind judgment debt - insufficient basis to go behind judgment debt - sequestration order made
Judge: O'Bryan J - 14 Mar 2023:
Papoutsakis v Prime Capital Securities Pty Ltd [2023] FCA 205
BANKRUPTCY - application for extension of time to file a notice of appeal - where no adequate explanation for delay - where unsecured creditors likely to be prejudiced - where proposed appeal has no merit and no reasonable prospects of success - application dismissed
Judge: Halley J - 10 Mar 2023:
Thompson v Lane (Trustee) [2023] FCAFC 32
BANKRUPTCY AND INSOLVENCY - appeal from refusal by primary judge to annul bankruptcy pursuant to s 153B(1) of the Bankruptcy Act 1966 (Cth) - where bankrupt lodged debtor's petition based on legal advice - where bankrupt did not demonstrate that debtor's petition ought not to have been presented or accepted - where discretion to annul bankruptcy…
Judge: Charlesworth, Downes and Goodman JJ - 10 Mar 2023:
Kite (Trustee), in the matter of Murray (a Bankrupt) v Murray [2023] FCA 198
BANKRUPTCY - application by the trustee in bankruptcy (trustee) to recover a property or an interest in a property - whether the property, or interest in that property, is held on trust for the bankrupt estate - whether the presumption of advancement applies to the matrimonial home - whether the presumption has been rebutted - where title is…
Judge: Raper J - 9 Mar 2023:
Cowley as Trustee of the Bankrupt Estate of Lau v Lau, in the matter of Lau (No 2) [2023] FCA 204
BANKRUPTCY AND INSOLVENCY - cross-border insolvency - Hong Kong foreign main proceeding - application by trustees to remove proviso to stay distribution of assets identified in Australia - eleventh-hour counter-application to enjoin trustees from distributing assets - whether interests of Australian creditors are adequately protected
Judge: Stewart J
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