Form B3A: Application for review

Most bankruptcy matters in the Federal Circuit and Family Court of Australia (Division 2), including creditors' petitions and applications about bankruptcy notices, are dealt with by Registrars under powers delegated by Schedule 1 to the Division 2 Bankruptcy Rules. Rule 2.02(3) of those rules says an application under section 256(1) of the Federal Circuit and Family Court of Australia Act 2021 for review of a Registrar's exercise of a power must be filed in Form B3A within 21 days after the day the power was exercised, unless the Court or a Judge directs otherwise. Where the decision reviewed is a sequestration order, rule 7.05 adds service and notice requirements for the trustee and creditors.

When you need it

• A Registrar of the FCFCOA (Division 2) has made an order in a bankruptcy matter and you want a Judge to review it.
• Examples include a sequestration order on a creditor's petition, or an order on an application to set aside a bankruptcy notice.
• You are within 21 days of the day the power was exercised, or you will ask for a direction allowing a later application.

1. 1

   Heading

   Insert the registry, the matter (the debtor or bankrupt estate) and the names of the applicant and respondent. Leave the file number for the court if new.

2. 2

   To

   Name each party who may be affected by the application and their address.

3. 3

   Application

   State your role (for example, applicant or respondent below) and that you apply for review of the exercise of power described.

4. 4

   Details of the exercise of power

   Give the Registrar's name, the registry or place and the date of the orders. Attach a copy of the orders, or set out their terms in full.

5. 5

   Orders to be reviewed and orders sought

   Say whether you seek review of all the orders or list each one, using its original number. Then set out, numbered, the orders you want made instead.

6. 6

   Date and signature

   Date and sign the application and state your capacity, such as applicant or lawyer for the applicant. Delete inapplicable options.

• File within 21 days after the Registrar exercised the power (r 2.02(3)). General federal law documents are lodged through eLodgment on the Commonwealth Courts Portal; if urgent, tick the Urgent box and attach a letter and affidavit explaining why (General Federal Law Central Practice Direction para 4.1). A filing fee may apply.
• The court adds a Notice of Filing and Hearing as a coversheet when it accepts the application; serve the sealed application on each affected party.
• For review of a sequestration order, serve the application on the trustee at least 7 days before the hearing, and serve notice in Form B12 on each creditor known to you at least 7 days before the hearing (r 7.05).

• Count the 21 days from the day the power was exercised, not from when you received the sealed orders.
• Attach the orders under review: it lets the court identify exactly what is challenged.
• If you are opposing a creditor's petition for the first time, Form B3A is not the starting point. Opposition before the hearing uses Forms B4 and B5 (r 2.06).