Checklist for creditor's petition in bankruptcy proceedings

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.

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.

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.

This information notice establishes the manner in which files in the Federal Circuit and Family Court of Australia may be constituted.

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.

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’.

This genuine steps statement is required by section 7 of the Civil Dispute Resolution Act 2011.

In most circumstances, courts and their decisions are accessible to members of the public. This policy of 'open justice' is reflected in section 97 of the Family Law Act 1975, which provides that all proceedings should be heard in open unless a court decides otherwise. The principle of open justice is fundamental to ensuring that courts remain transparent and accountable for their decisions.