Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for managing a personal bankruptcy notice process from the creditor perspective in Australia. Designed explicitly for insolvency solicitors and debt recovery agents, this guide covers processes under the Bankruptcy Act 1966 (Cth). Additional forms are accessible via the Australia Government Portal.
Jurisdiction: This guide applies to bankruptcy proceedings in Australia, governed by the Australian Financial Security Authority (AFSA) and the Federal Court of Australia / Federal Circuit and Family Court of Australia (FCFCOA).
Governing Legislation: Bankruptcy Act 1966 (Cth) which covers s 40(1)(g) (act of bankruptcy by non-compliance), s 41(7) (set aside applications), s 43 (sequestration order), s 309 (service). Bankruptcy Rules 2021 (Cth). Rules 2011.
AFSA Filing Fees: Bankruptcy Notice Application: $440. Creditor's Petition (Form 12): $920. NPII Search: $23. Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Key Thresholds: Minimum judgment debt for bankruptcy notice: $10,000. Debtor has 21 days to comply after service. Creditor's Petition must be filed within 6 months of act of bankruptcy. Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Process at a Glance: Verify final judgment debt ≥ $10,000 and still enforceable. Apply for AFSA Bankruptcy Notice ($440). Personally serve issued Form 4 on debtor. Monitor strict 21-day compliance window. If debtor defaults, an Act of Bankruptcy is established under s 40(1)(g). File Creditor's Petition (Form 12, $920) within 6 months. Additional forms are accessible via the Australia Government Portal.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Personal Bankruptcy (Creditor) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard RESTRUCTURING process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the final judgment debt exceeds the $10,000 threshold and remains enforceable.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Minimum judgment debt for issuing a bankruptcy notice: $10,000 (Bankruptcy Act 1966 (Cth) s 44(1)(a)).
The judgment must be enforceable - not stayed, appealed, or statute-barred (6-year limitation applies unless leave granted).
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Successfully apply for and receive the issued Bankruptcy Notice from AFSA.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Effect personal service of the Bankruptcy Notice on the debtor.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
AFSA Bankruptcy Notice Application fee: $440 (statutory, under Bankruptcy Act 1966 (Cth)).
AFSA may reject the application if the judgment details or calculations contain errors.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Service must be personal under Bankruptcy Act 1966 (Cth) s 309 - postal or substituted service requires a separate court order.
Defective service is a common ground for set aside applications.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.