Federal Court (Bankruptcy) Rules 2005

This legislation sets out the procedural rules for the Federal Court of Australia when handling bankruptcy cases. It acts as a comprehensive 'how-to' guide for creditors, debtors, lawyers, and trustees involved in insolvency proceedings.

Key areas covered:

• Starting proceedings: How to file bankruptcy notices, creditors' petitions (to make someone bankrupt), and debtors' petitions (voluntary bankruptcy)
• Examinations: Rules for summoning debtors and witnesses to answer questions under oath about financial affairs, including what documents must be produced
• Trustees: Procedures for appointing, objecting to, or removing the person who administers a bankrupt estate
• Debt agreements & insolvency agreements: How to apply to terminate or set aside these alternative bankruptcy arrangements
• Deceased estates: Special rules when a person dies owing money, including petitions by creditors or estate administrators
• Cross-border insolvency: Recognition of foreign bankruptcy proceedings (e.g., when an Australian is made bankrupt overseas or a foreign representative seeks to administer assets here)
• Costs & warrants: How legal costs are calculated (including 'short form' bills) and when arrest warrants can be issued for debtors who fail to attend court

The rules specify strict timeframes (e.g., serving documents at least 5 or 8 days before hearings), required forms (numbered Forms 1-22), and detailed affidavit requirements. They operate alongside the and the .