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Federal Court (Bankruptcy) Rules 2016
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Attorney-General's Department
This item is authorised by the following title:
Federal Court of Australia Act 1976
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F2024C00483 (C03)
05 June 2024
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Part 1—Preliminary
1.01 Name
1.03 Authority
1.04 Application of these Rules and other Rules of the Court
1.05 Interpretation
1.06 Expressions used in the Bankruptcy Act
1.07 Forms
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Part 2—General
2.01 Originating application and interim application
2.02 Exercise of powers by Registrars
2.03 Leave to be heard
2.04 Appearance at hearing or examination
2.05 Change of return date of creditor’s petition
2.06 Opposition to application, interim application or petition
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Part 3—Bankruptcy notices
3.01 Substituted service
3.02 Setting aside bankruptcy notice
3.03 Extension of time for compliance with bankruptcy notice
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Part 4—Creditors’ petitions
4.01 Application of Part 4
4.02 Requirements for creditor’s petition and supporting affidavit
4.03 Creditor’s petition founded on issue of execution against debtor
4.04 Creditor’s petition founded on failure to comply with bankruptcy notice etc.
4.05 Documents to be served
4.06 Additional affidavits to be filed before hearing
4.07 Notification and entry of sequestration order
4.08 Entry of order for dismissal etc. of creditor’s petition
4.09 Service of order
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Part 5—Debtors’ petitions
5.01 Referral of debtor’s petition
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Part 6—Examinations
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Division 6.1—Examination of debtor or examinable person under section 50 of the Bankruptcy Act
6.01 Application for summons
6.02 Hearing of application
6.03 Requirements for summons
6.04 Service of summons
6.05 Application for discharge of summons
Division 6.2—Examination of relevant person under section 81 of the Bankruptcy Act
6.06 Application for summons
6.07 Hearing of application
6.08 Requirements for summons
6.09 Service of summons
6.10 Failure to attend examination
6.11 Application for discharge of summons
Division 6.3—Examination of examinable person under section 81 of the Bankruptcy Act
6.12 Application for summons
6.13 Hearing of application
6.14 Requirements for summons
6.15 Service of summons
6.16 Application for discharge of summons
6.17 Conduct money and witnesses expenses
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Part 7—Annulment or review of bankruptcy
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Division 7.1—Annulment of bankruptcy
7.01 Application of Division 7.1
7.02 Requirements for application
7.03 Notice to creditors
7.04 Entry and service of annulment order
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Division 7.2—Review of sequestration order
7.05 Review of Registrar’s decision
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Division 7.3—Report by trustee
7.06 Report by trustee
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Part 8—Trustees
8.01 Applications in relation to the appointment of a trustee
8.02 Resignation or release of trustee
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Part 9—Debt agreements
9.01 Application of Part 9
9.02 Requirements for application
9.03 Service
9.04 Notice to creditors
9.05 Entry and service of order
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Part 10—Personal insolvency agreements
10.01 Application of Part 10
10.02 Requirements for application
10.03 Service
10.04 Notice to creditors
10.05 Entry of order
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Part 11—Administration of estates of deceased persons
11.01 Creditor’s petition
11.02 Documents to be served
11.03 Additional affidavits to be filed before hearing of creditor’s petition
11.04 Administrator’s petition
11.05 Documents to be served
11.06 Entry of order
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Part 12—Warrants
12.01 Arrest of debtor or bankrupt
12.02 Apprehension of person failing to attend Court
12.03 Warrant for seizure of property connected with the bankrupt
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Part 13—Costs
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Division 13.1—Orders for costs
13.01 Basis for costs
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Division 13.2—Short form bills of costs
13.02 Application of Division 13.2
13.03 Short form bill of costs
13.04 Claim for costs
13.05 Attendance at taxation hearing
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Part 14—Proceedings under Cross Border Insolvency Act
14.01 Application of this Part and other rules of the Court
14.02 Expressions used in the Cross Border Insolvency Act
14.03 Application for recognition
14.04 Application for provisional relief under article 19 of the Model Law
14.05 Registered trustee’s consent to act
14.06 Notice of filing of application for recognition
14.07 Notice of order for recognition, withdrawal etc.
14.08 Relief after recognition
14.09 Application to modify or terminate an order for recognition or other relief
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Part 15—Transitional provisions
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Division 15.1—Transitional provisions relating to the Federal Court (Bankruptcy) Amendment (Insolvency and Other Measures) Rules 2017
15.01 Transitional—release of trustee
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Schedule 1—Powers of the Court that may be exercised by a Registrar
Part 1—Bankruptcy Act
Part 1A—Insolvency Practice Schedule (Bankruptcy)
Part 2—Federal Court (Bankruptcy) Rules 2016
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history