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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.

Checklist for creditor's petition in bankruptcy proceedings

This information sheet sets out general information on the options available to a debtor who is served with a Creditor's Petition to make them a bankrupt. This includes general information on how to oppose a petition where valid legal grounds exist and asking for more time to pay the debt or get legal or financial advice.

About this information sheet

This information sheet explains how to apply for a substituted service order and provides a brief guide on the affidavit evidence that should accompany such an application.

This information sheet explains the consequences of a sequestration order having been made against a debtor.

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