Title (Form B1)

The Federal Court (Bankruptcy) Rules 2016 apply to proceedings under the Bankruptcy Act 1966, with the Federal Court Rules 2011 filling the gaps (r 1.04). Where the Bankruptcy Rules do not prescribe a form for a particular purpose, a form from the other rules of the Court may be used, but the document must have a title in accordance with Form B1 (r 1.07(5)). The Court's bankruptcy forms page says the same: Federal Court forms used in a bankruptcy matter should be amended to include the Form B1 title. Form B1 sets the registry, the 'General' Division and the 'In the matter of' line naming the debtor or bankrupt estate.

When you need it

• You are preparing a document in a bankruptcy proceeding that has no specific Form B.
• You are adapting a general Federal Court form, such as an affidavit, for use in a bankruptcy matter.
• The proceeding is under the Bankruptcy Act in the Federal Court.

1. 1

   Insert the document title

   Replace '[Document Title]' with the name of the document.

2. 2

   Complete the number and registry

   Insert the proceeding number and the District Registry. The Division is printed as 'General'.

3. 3

   Name the estate

   Complete 'In the matter of' with the name of the debtor or bankrupt estate.

4. 4

   Name the parties

   Insert the applicant or applicants and the respondent or respondents.

5. 5

   Date and sign

   Add the body, then date and sign as the party or the party's lawyer, and complete the footer details.

• Form B1 is a title, not a stand-alone document. File the document it heads through eLodgment or at a registry as the relevant rule requires.
• Fees and service depend on the document being filed.

• Use the same 'In the matter of' wording as the creditor's petition or originating application so documents are filed in the right matter.
• A document only needs to be substantially in accordance with the approved form (r 1.07(4)), but keeping the B1 layout avoids queries from the registry.