Bankruptcy Information Sheet 2: Creditor’s Petition checklist
Checklist for creditor's petition in bankruptcy proceedings
Bankruptcy Information Sheet 1: Presenting a Creditor’s Petition
This information sheet sets out general information on how to apply to the Court for a sequestration order that makes someone a bankrupt. Proceedings to make someone a bankrupt are commenced by filing (or presenting) a Creditor’s Petition in the Federal Court of Australia (FCA) or the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA). It deals only with petitions that rely upon a debtor’s failure to comply with a Bankruptcy Notice as the act of bankruptcy.
Legal costs in general federal law matters
In general federal law proceedings, the Court normally awards costs to a successful party. They are intended to reimburse a party (usually the successful one) for their legal costs. The costs awarded are normally only part of the costs incurred. These are referred to as party-party costs. Costs may be awarded before a final hearing; for example if a party has not complied with a timetable and the other party brings the matter back to court for further directions.
General federal law matters
The Federal Circuit and Family Court of Australia (the Court) deals with a wide range of matters, sharing jurisdiction with the Federal Court of Australia and, in some cases, state courts. The Court’s rules and procedures are simpler and less formal, and aim to reduce the cost and number of court appearances for clients.
FCFCOA Information Notice: Court Record
This information notice establishes the manner in which files in the Federal Circuit and Family Court of Australia may be constituted.
FCFCOA Practice Direction – Revocation of Practice Directions and Information Notices
The Federal Circuit and Family Court of Australia has developed new rules of court for all proceedings in the Court with effect from 1 September 2021. Various new Practice Directions and Information Notices have been issued to accompany the new rules. This Practice Direction formally revokes a number of outdated or superseded Practice Directions and Information Notices issued by the Family Court of Australia or Federal Circuit Court of Australia prior to the commencement of the operation of the Court on 1 September 2021.
General federal law fees
Note: The fees listed below are effective from 1 July 2025.
Cheques or Money orders for the payment of fees should be made payable to the Federal Court of Australia.
A number of fees apply to Federal Circuit and Family Court of Australia (Division 2) proceedings pursuant to Schedule 1 Part 2 of the Federal Court and Federal Circuit and Family Court Regulations 2022.
The current fees are contained within the gazetted Annual federal courts and tribunals fee increases from 1 July 2025.
| Document or service | Fee | |
|---|---|---|
| Corporations | Others | |
| Filing an application (201) ^ Note: this is not the fee payable for migration applications, see below |
$2,005 | $835 |
| Filing an application (migration only) (201A) |
(a) full fee—$4,015, or (b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$2,005 |
|
| Response* Seeking different orders sought by applicant (207) |
$2,005 | $825 |
| Interlocutory – interim (204)* | $1,205 | $485 |
| Setting down for hearing fee (215)* | $2,395 | $995 |
| Daily Hearing Fee* (for each hearing day, or part of a hearing day excluding the first hearing day) (216) | $2,395 | $995 |
| Mediation by a court officer* (For each attendance) (224) | $665 | |
| Filing an Application for a Review of a Registrar's Decision (205)* | $1,205 | $485 |
| For the hearing of an application (including a cross-claim) under subsection 256(2) of the Federal Circuit and Family Court Act – for each day or part of day (218)* | $2,395 | $995 |
| Filing a bill of costs (203)* | $325 | |
| Issuing a subpoena (222)* | $190 | $95 |
| On request, production of file and making of a copy or copies of a document or documents in the file: (219) | ||
|
Production of the file |
$60 | |
|
For each page included in a copy made in accordance with the request |
$1 | |
| Seizure and sale of goods (221) | $765 | |
| Filing an application to register a New Zealand judgment under the Trans-Tasman Proceedings Act 2010 (214A) | $155 | |
* Note: this fee is not payable for human rights applications, some fair work applications, and small claims proceedings in fair work and consumer credit claims.
Service and execution
For each service or execution, or attempted service or execution, of the process of the Federal Circuit and Family Court of Australia (Division 2) by an officer of the court** an amount equal to:
- the amount of any expenses reasonably incurred by the officer in the service or execution, or attempted service or execution, of the process; and
- a charge worked out at the hourly rate of salary payable to the officer for the time involved in the service or execution, or attempted service or execution (220)
**other than an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986
| Document or service | Fee |
|---|---|
| Seizure and sale of goods*** (221) |
$765 |
| ***other than in relation to a proceeding under the Admiralty Act 1988 or an application under section 46PO or 46PP of the Australian Human Rights Commission Act 1986 | |
Small claims
| Document or service | Fee | |
|---|---|---|
| If the claim is less than $10,000 (213) |
If the claim is between $10,000 and $20,000 (214) |
|
| Filing of an application under Consumer Credit Protection Act 2009 if the applicant indicates they want the small claims procedure to apply |
$300 |
$480 |
Industrial Law
For proceedings other than the following the general application fee applies:
Fair work
| Document or service | Fee |
|---|---|
|
Filing of an application under section 539 of the Fair Work Act 2009 in either of the following circumstances:
|
$89.70 |
| Filing of an application under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3‑5A of that Act (209A) | $90.00 |
| Filing of an application under section 539 of the Fair Work Act 2009 if the applicant has been dismissed from employment in alleged contravention of section 772 of that Act (210) | $89.70 |
Small claims
| Document or service | Fee | |||
|---|---|---|---|---|
| If the claim is less than $10,000 (211) |
If the claim is between $10,000 and $50,000 (212) |
If the claim is between $50,000 and $100,000 (212AA) | and the proceedings relate to one or more of the matters mentioned in paragraph 548(1B)(a) of that Act (other than a proceeding mentioned in item 212) (212A) | |
| Filing of an application under section 548 of the Fair Work Act 2009 if the applicant indicates they want the small claims procedure to apply |
$300 |
$480 |
$560 | $300 |
Bankruptcy
| Document or service | Fee | |||
|---|---|---|---|---|
| Publicly listed company | Corporations | Public authority | Others | |
| Filing an application under the Bankruptcy Act 1966 (206) | $7,035 | $4,695 | $4,695 | $1,955 |
| Application for substituted service of a bankruptcy notice (208) | $790 | $520 | $520 | $205 |
| For issuing a summons to a person, under section 50 or 81 of the Bankruptcy Act 1966 to attend examination about a debtor's examinable affairs (223) | $975 | $630 | $630 | $325 |
| Examination by a Registrar under section 50 or 81 of the Bankruptcy Act 1966 – for each day or part of a day (217) | $3,625 | $2,395 | $2,395 | $995 |
Human rights
| Document or service |
Fee |
|---|---|
| Filing an application (Human rights under Section 46PO or 46PP of the Human Rights Commission Act 1986) (202) |
$55 |
Migration
| Document or service |
Fee |
|---|---|
| Filing an application (migration only) (201A) |
(a) full fee—$4,015, or (b) if a Registrar or an authorised officer has determined that the person may pay a reduced fee under section 2.06A—$2,005 |
Party Category and Fee Calculation
Section 2.02 of the Regulation read in conjunction with the definitions in sections 1.03 and 1.04 sets out the basis of how fees are to be calculated. Fees for filing documents, setting down, for hearing, for mediation and for some services are calculated according to the type of body or person liable to pay them. A publicly listed company pays the highest rate of fees. A corporation and a public authority pay the next highest rate. All others, including any individuals, small businesses or unincorporated not-for-profit association, pay the lowest rate.
So the Courts can assess the correct fee which applies, each party will need to complete a Party Category Information Form.
Note: in some cases, such as if you hold certain government concession cards or you can demonstrate financial hardship, you may be exempt from the payment of court fees or entitled to a reduced fee.
Going to court – tips for your court hearing
This fact sheet is for people who are representing themselves in court. It covers some of the things you can do to prepare for your court hearing, as well as what you should and should not do inside the courtroom.
First court event – helpful information
This fact sheet is for people who are representing themselves in the Federal Circuit and Family Court of Australia (the Court). People who are not represented by a lawyer are commonly referred to as ‘unrepresented litigants’ or ‘litigants in person’. This information is about the first court event, otherwise known as the ‘duty list’.
Legal words used in family law proceedings
This fact sheet explains some of the legal words used in family law proceedings in the Court.
