Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Amendment (2025 Measures No. 1) Rules 2025
We, Judges of the Federal Circuit and Family Court of Australia (Division 2), make the following Rules of Court.
Dated 4 August 2025
Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Amendment (2025 Measures No. 1) Rules 2025
We, Judges of the Federal Circuit and Family Court of Australia (Division 2), make the following Rules of Court.
Dated 4 August 2025
Chief Judge Alstergren AO
Deputy Chief Judge McClelland AO
Deputy Chief Judge Mercuri
Judge Riley
Judge Cameron
Judge Dunkley
Judge Monahan
Judge Manousaridis
Judge Vasta
Judge Street
Judge Middleton
Judge Obradovic
Judge Egan
Judge Betts
Judge Blake
Judge D Humphreys CSC OAM
Judge Morley
Judge O’Shannessy
Judge Beckhouse
Judge Bowrey OAM
Judge Taglieri
Judge Cope
Judge Forbes
Judge Symons
Judge Ladhams
Judge Murdoch
Judge Given
Judge Jenkins
Judge Mansfield
Judge Glass
Judge Burt
Judge Eldershaw
Judge Mansini
Judge Laing
Judge Champion
Judge Liveris
Judge Bingham
Judge Corbett
Judge Gostencnik
Judge McCabe
Judge Kaur-Bains
Judge Zipser
Judge Fary
Judge Johns OAM
Judge Cleary
Judge Marquard
Judges of the Federal Circuit and Family Court of Australia (Division 2)
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021
These Rules are the Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Amendment (2025 Measures No. 1) Rules 2025.
(1) Each provision of these Rules specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of these Rules | 1 September 2025. | 1 September 2025 |
Note: This table relates only to the provisions of these Rules as originally made. It will not be amended to deal with any later amendments of these Rules.
(2) Any information in column 3 of the table is not part of these Rules. Information may be inserted in this column, or information in it may be edited, in any published version of these Rules.
These Rules are made under Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021.
Each instrument that is specified in a Schedule to these Rules is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to these Rules has effect according to its terms.
1 Subrule 1.04(2) (note)
Omit “Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021”, substitute “Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025”.
2 Subrule 1.05(1)
Insert:
Insolvency Practice Schedule (Bankruptcy) means Schedule 2 to the Bankruptcy Act.
3 Subrule 1.05(2)
Omit “Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025”.
4 After paragraph 2.02(1)(a)
Insert:
(aa) a power of the Court under a provision of the Insolvency Practice Schedule (Bankruptcy) referred to in Part 1A of Schedule 1;
5 Subrule 2.02(2)
Omit “or Part 2”, substitute “, 1A or 2”.
6 Rule 2.05
Repeal the rule, substitute:
Rule 8.06 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 (changing first court date) does not apply to the hearing date fixed for a creditor’s petition.
7 Subrule 4.07(3)
Repeal the subrule, substitute:
(3) If the order is not entered in accordance with Division 24.2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with that Division.
8 Subrule 4.08(2)
Repeal the subrule, substitute:
(2) If the order is not entered in accordance with Division 24.2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 at the time the order is made, the applicant creditor must, as soon as practicable, request entry of the order in accordance with that Division.
9 Rule 4.09
Omit “rule 17.08 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021”, substitute “Division 24.2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025”.
10 Subrule 7.04(2)
Repeal the subrule, substitute:
(2) If the order is not entered in accordance with Division 24.2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 at the time the order is made, the applicant must, within 1 day after the order is made, request entry of the order in accordance with that Division.
11 Subrule 8.02(5)
Repeal the subrule, substitute:
(2) If the Court makes the order sought, and the order is not entered in accordance with Division 24.2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 at the time the order is made, the trustee must, within 1 day after the order is made, request entry of the order in accordance with that Division.
12 Subrule 9.05(1)
Repeal the subrule, substitute:
(1) If:
(a) the Court makes an order under section 185Q or 185U of the Bankruptcy Act; and
(b) the order is not entered in accordance with Division 24.2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 at the time the order is made;
the applicant must, within 1 day after the order is made, request entry of the order in accordance with that Division.
13 Rule 10.05
Repeal the rule, substitute:
If:
(a) the Court makes an order under subsection 222(1), (2) or (5) or subsection 222C(1) of the Bankruptcy Act; and
(b) the order is not entered in accordance with Division 24.2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 at the time the order is made;
the applicant must, as soon as practicable, request entry of the order in accordance with that Division.
Note: Subject to subsection 67(2) of the Bankruptcy Regulations, a copy of the order must be given to the Official Receiver within 2 business days after the order is made: see subsection 67(1) of the Bankruptcy Regulations.
14 Rule 11.06
Repeal the rule, substitute:
If:
(a) the Court makes an order under section 244 or 247 of the Bankruptcy Act; and
(b) the order is not entered in accordance with Division 24.2 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025 at the time the order is made;
the applicant must, as soon as practicable, request entry of the order in accordance with that Division.
Note: A copy of the order must be given to the Official Receiver before the end of the period of 2 days beginning on the day the order was made (see subsections 244(14) and 247(3) of the Bankruptcy Act).
15 Part 1 of Schedule 1 (table)
Repeal the table, substitute:
Item | Provision of the | Description |
1 | Subsection 30(1) but only for an application to set aside a bankruptcy notice | Power to set aside a bankruptcy notice |
2 | Section 33 | Adjournment, amendment of process and extension and abridgment of time |
3 | Paragraph 40(1)(g) | Power to grant leave to serve a bankruptcy notice outside Australia |
4 | Subsection 41(6A) | Extension of time for compliance with a bankruptcy notice |
5 | Subsection 43(1) | Power to make a sequestration order |
6 | Subsection 46(2) | Power to make a sequestration order against 2 or more debtors |
7 | Subsection 47(2) | Power to give leave to withdraw a creditor’s petition after presentation |
8 | Section 49 | Power to permit the substitution of another creditor as petitioner |
9 | Subsection 50(1) | Power to direct the Official Trustee or a specified registered trustee to take control of a debtor’s property and to make other orders |
10 | Subsection 52(1) | Power to make a sequestration order against the estate of a debtor |
11 | Subsection 52(2) | Power to dismiss a creditor’s petition |
12 | Subsection 52(3) | Power to stay all proceedings under a sequestration order for a period not exceeding 21 days |
13 | Subsection 52(5) | Power to extend a period at the expiration of which a creditor’s petition lapses |
14 | Subsection 55(3B) | Power to direct the Official Receiver to accept or reject a debtor’s petition |
15 | Paragraph 58(3)(b) | Power to give leave to commence an action with respect to a provable debt |
16 | Section 81 | Powers in relation to examinations |
17 | Section 133 | Power to make orders with respect to a disclaimer of onerous property |
18 | Section 180 | Power to accept the resignation of a registered trustee |
19 | Subsection 206(1) | Power to adjourn a creditor’s petition if creditors have passed a resolution for a deed and to subsequently dismiss the petition |
20 | Section 222 | Power to set aside a personal insolvency agreement |
21 | Section 222C | Power to terminate a personal insolvency agreement |
22 | Subsection 244(9) | Power to direct service of a creditor’s petition on a person under Part XI |
23 | Subsection 244(10) | Power to dispense with service of a creditor’s petition under Part XI |
24 | Subsection 244(11) | Power to make an order for the administration of an estate under Part XI |
25 | Subsection 244(12) | Power to dismiss a creditor’s petition under Part XI |
26 | Subsection 244(13) | Power to give leave to present a creditor’s petition under Part XI |
27 | Subsection 247(1A) | Power to make an order for the administration of the estate of a deceased person on the petition of a person administering the estate |
28 | Section 264B | Power to issue a warrant |
29 | Subsection 309(2) | Power to order substituted service |
16 After Part 1 of Schedule 1
Insert:
Item | Provision of the | Description | |
1 | Subsection 45‑1(1) | Power to make orders in relation to a registered trustee | |
2 | Section 70‑90 | Power to order a trustee to give relevant material to a person | |
3 | Subsection 80‑50(2) | Power to approve a committee of inspection incurring expenses in obtaining advice or assistance | |
4 | Paragraph 80‑55(5)(b) | Power to give leave for a member of committee of inspection to derive a profit or advantage | |
5 | Subsection 90‑5(1) | Power to inquire into the administration of a regulated debtor’s estate | |
6 | Subsection 90‑5(2) | Power to require a trustee or former trustee to give information, provide a report or produce a document | |
7 | Subsection 90‑10(1) | Power to inquire into the administration of a regulated debtor’s estate | |
8 | Subsection 90‑10(3) | Power to require a trustee or former trustee to give information, provide a report or produce a document | |
9 | Section 90‑15 | Power to make orders in relation to the administration of a regulated debtor’s estate | |
10 | Subsections 90‑35(5) and (6) | Power to order the reappointment of a former trustee and additional orders | |
11 | Subsection 100‑5(2) | Power to approve assignment of a right to sue after trustee’s action has commenced | |
17 Part 2 of Schedule 1 (table)
Repeal the table, substitute:
Item | Provision of these Rules | Description of power (for information only) |
1 | Rule 1.04 | Power to make an order about the application of these Rules |
2 | Rule 2.03 | Power to grant leave to be heard in a proceeding, including the following powers: (a) to impose conditions on the granting of the leave; (b) to revoke the leave; (c) to order the payment of costs; (d) to order that a person not be further heard until costs are paid or secured |
3 | Rule 2.06 | Power to grant leave to oppose an application or a petition |
4 | Subrule 3.03(5) | Extension of time for compliance with a bankruptcy notice |
5 | Rule 4.05 | Power to make orders as to service of a creditor’s petition |
6 | Rule 6.02 | Power to order that an application under section 50 of the Bankruptcy Act for a person to be summoned for examination be heard in the absence of a party or in closed court |
7 | Rule 6.07 | Power to order that an application under section 81 of the Bankruptcy Act for a relevant person to be summoned for examination be heard in the absence of a party or in closed court |
8 | Rule 6.13 | Power to order that an application under section 81 of the Bankruptcy Act for an examinable person to be summoned for examination be heard in the absence of a party or in closed court |
9 | Paragraph 8.02(4)(c) | Power to make orders as to service of an application under section 180 or subsection 183(1) of the Bankruptcy Act |
10 | Rule 10.03 | Power to make orders with respect to service of applications under section 222 and section 222C of the Bankruptcy Act |
11 | Rule 11.02 | Power to make orders as to service of a creditor’s petition presented under section 244 of the Bankruptcy Act |
12 | Rule 11.05 | Power to make orders as to service of a creditor’s petition presented under section 247 of the Bankruptcy Act |
13 | Rule 13.01 | Power to order costs, including for a fixed amount |