Commonwealth legislation

Federal Circuit Court (Bankruptcy) Rules 2016

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

6/10 complexity

These rules are the procedural playbook for bankruptcy cases in the Federal Circuit Court. They govern how people and companies are declared bankrupt, how debts are recovered, and how insolvency agreements are handled.

What it covers:

Starting bankruptcy proceedings: How creditors file petitions to make someone bankrupt, and how debtors file their own petitions
Bankruptcy notices: Rules for serving notices, setting them aside, or getting extensions of time to comply
Court documents: Mandatory forms (Form B1, B2, B3, etc.) and affidavit requirements for every step
Examinations: Procedures for forcing debtors or related parties to attend court and answer questions about their finances
Trustees: How trustees are appointed, resign, or are released from managing a bankrupt estate
Warrants: Process for arresting debtors who fail to attend court or seizing property
Costs: Fixed fee scales for lawyers and how to dispute legal bills

Who it affects:

Debtors: People facing bankruptcy who need to know how to oppose petitions or apply for annulments
Creditors: Businesses or individuals trying to recover debts through bankruptcy proceedings

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Current sections

Direct links to the current provisions in Federal Circuit Court (Bankruptcy) Rules 2016.

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Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.