Bankruptcy - Application in a proceeding

In family law proceedings where the court has jurisdiction in bankruptcy under s 35 or 35A of the Bankruptcy Act 1966, the court's Practice Direction - Bankruptcy Act proceedings separates final and interlocutory applications. A Bankruptcy - Application cannot include interlocutory orders, so a party seeking interlocutory orders, or a non-party with an interest seeking leave to be heard, files this form (para 2.8). It must state the provisions of the Bankruptcy Act, regulations or rules relied on and the relief sought (para 2.9), and must be filed with an Affidavit - Family law and child support (para 2.12). Division 1.2.5 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 sets out how the bankruptcy rules apply in these proceedings.

When you need it

• A Bankruptcy - Application has started the proceeding and you need interim or procedural orders before the final hearing.
• You need an urgent listing: the practice direction says urgent applications are made with this form (para 2.15).
• You are not a party but have an interest and want leave to be heard (para 2.8).

1. 1

   Filing details and legal basis

   Tick the court division, name the bankrupt estate and the person filing, and list the sections or regulations relied on.

2. 2

   Part A - parties and addresses

   Names of applicants and respondents, with addresses for service and email addresses. You do not have to give a residential address.

3. 3

   Part B - orders sought

   State precisely, in numbered paragraphs, the interlocutory orders sought.

4. 4

   Part C - signature

   Sign and date, and show who signed and prepared it.

• File it with an Affidavit - Family law and child support that complies with rules 2.14 and 5.08 of the Family Law Rules (practice direction paras 2.12, 2.13).
• For urgency, also file a cover letter explaining the urgency and referring to the relevant paragraphs of the affidavit (para 2.14). A registrar decides urgent listing requests on the papers (para 2.18).
• Serve the application and affidavit on all other parties under Part 2.6 or 2.7 of the Family Law Rules (para 2.16).
• Pay the filing fee unless an exemption applies (para 2.10) - check the court's family law fees page.
• A respondent who opposes it must, at least 3 days before the hearing, file a Bankruptcy - Notice of Appearance, a notice of grounds of opposition and an affidavit, and serve them (para 3.2).

• The form refers to the Bankruptcy Regulations 1996, which have been repealed. The court's practice direction refers to the Bankruptcy Regulations 2021, so cite current provisions.
• Keep the affidavit within the length and number limits in r 5.08 of the Family Law Rules.