Bankruptcy Act 1966
Sections and provisions with full text and the judgments that cite each one.
Section 31 — Exercise of jurisdiction
(1) In exercising jurisdiction under this Act, the Court shall hear and determine the following matters in open Court: (a) creditors’ petitions; (b) examinations under this Act; (c) proceedings in…
Section 32 — Costs
The Court may, in any proceeding before it, including a proceeding dismissed for want of jurisdiction, make such orders as to costs as it thinks fit.
Section 33 — Adjournment, amendment of process and extension and abridgment of times
(1) The Court may: (a) upon such terms as it thinks fit, at any time adjourn any proceeding before it, either to a fixed date or generally; (b) at any time allow the amendment of any written process,…
Section 33A — Alteration of dates relating to statements of affairs and debtor’s petitions
(1) If the Court is satisfied that a person believed on reasonable grounds that a statement of affairs that relates to the person’s bankruptcy was filed for the purposes of section 54, 55, 56B, 56F…
Section 34 — Orders and commissions for examination of witnesses
The Court may, for the purposes of any proceeding before it: (a) order the examination upon oath of a person before an officer of the Court or other person, at any place within Australia; or (b)…
Section 34A — Standard of proof
(1) Where, in proceedings in the Court (other than proceedings for an offence), it is necessary, for a purpose relating to a matter arising under this Act, to establish, or for the Court to be…
Section 35 — Jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) in bankruptcy where trustee is a party to property settlement or spousal maintenance proceedings etc.
(1) If, at a particular time: (a) a party to a marriage is a bankrupt; and (b) the trustee of the bankrupt’s estate is: (i) a party to property settlement proceedings in relation to either or both of…
Section 35A — Transfer of proceedings to Federal Circuit and Family Court of Australia (Division 1)
(1) If a proceeding is pending in the Federal Court, the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the Federal Circuit and…
Section 35B — Family Court of Western Australia
Bankruptcy courts (1) Section 27 applies to the Family Court of Western Australia in a corresponding way to the way in which it applies to the Federal Circuit and Family Court of Australia (Division…
Section 36 — Enforcement of orders etc.
(1) An order of the Court made, or a warrant issued, under this Act may be enforced throughout Australia by a constable. (2) A warrant for the arrest or detention of a person for the purpose of…
Section 37 — Power of Court to rescind orders etc.
(1) Subject to subsection (2), the Court may rescind, vary or discharge an order made by it under this Act or may suspend the operation of such an order. (2) The Court does not have power to rescind…
Section 40 — Acts of bankruptcy
(1) A debtor commits an act of bankruptcy in each of the following cases: (a) if in Australia or elsewhere he or she makes a conveyance or assignment of his or her property for the benefit of his or…
Section 41 — Bankruptcy notices
(1) An Official Receiver may issue a bankruptcy notice on the application of a creditor who has obtained against a debtor: (a) a final judgment or final order that: (i) is of the kind described in…
Section 42 — Payment etc. of debt to Commonwealth or State after service of bankruptcy notice
(1) Where a bankruptcy notice under this Act is served on a debtor by the Commonwealth or a State, it is a sufficient compliance with the notice if, within the time fixed for compliance with the…
Section 43 — Jurisdiction to make sequestration orders
(1) Subject to this Act, where: (a) a debtor has committed an act of bankruptcy; and (b) at the time when the act of bankruptcy was committed, the debtor: (i) was personally present or ordinarily…
Section 44 — Conditions on which creditor may petition
(1) A creditor’s petition shall not be presented against a debtor unless: (a) there is owing by the debtor to the petitioning creditor a debt that amounts to the statutory minimum or 2 or more debts…
Section 45 — Creditor’s petition against partnership
(1) A creditor of a partnership may present a petition against the partnership if he or she is entitled to present a petition against any one of the members of the partnership in respect of a…
Section 46 — Petition against 2 or more joint debtors
(1) A creditor’s petition may be presented against 2 or more joint debtors, whether partners or not. (2) Where there are 2 or more respondents to a creditor’s petition, the Court may make a…
Section 47 — Requirements as to creditor’s petition
(1) A creditor’s petition must be verified by an affidavit of a person who knows the relevant facts. (1A) If the rules of court prescribe a form for the purposes of this subsection, the petition must…
Section 49 — Change of petitioners
Where a creditor’s petition is not prosecuted with due diligence or where for any other reason the Court considers it proper to do so, the Court may permit to be substituted as petitioner or…
Section 50 — Taking control of debtor’s property before sequestration
(1) At any time after a bankruptcy notice is issued, or a creditor’s petition is presented, in relation to a debtor, but before the debtor becomes a bankrupt, the Court may: (a) direct the Official…
Section 51 — Costs of prosecuting creditor’s petition
Subject to section 109, the prosecution of a creditor’s petition to and including the making of a sequestration order on the petition shall be at the expense of the creditor.
Section 52 — Proceedings and order on creditor’s petition
(1) At the hearing of a creditor’s petition, the Court shall require proof of: (a) the matters stated in the petition (for which purpose the Court may accept the affidavit verifying the petition as…
Section 53 — Consolidation of proceedings
(1) Where 2 or more members of a partnership or 2 or more joint debtors have become bankrupts, the Court may consolidate the proceedings upon such terms as it thinks fit. (2) Where the Court makes an…
Section 54 — Bankrupt’s statement of affairs
(1) Where a sequestration order is made, the person against whose estate it is made shall, within 14 days from the day on which he or she is notified of the bankruptcy: (a) make out and file with the…
Section 54A — Presentation of declaration
(1) Subject to section 54B, a debtor may present to the Official Receiver a declaration, in the approved form, of the debtor’s intention to present a debtor’s petition. (2) A declaration presented by…
Section 54B — When debtor disqualified from presenting declaration
A debtor is not entitled to present a declaration under section 54A: (a) when the debtor is not entitled, except with the leave of the Court, to present a petition under section 55; (b) after a…
Section 54C — Acceptance or rejection of declaration
(1) Subject to section 54D, where a debtor presents a declaration under section 54A, the Official Receiver shall: (a) if it appears to the Official Receiver that the debtor is entitled to present a…
Section 54D — Official Receiver to give information to debtor
(1) Before accepting a declaration presented by a debtor under section 54A, the Official Receiver must give the debtor the information prescribed by the regulations. (2) A contravention of subsection…
Section 54E — Enforcement suspended during stay period
(1) Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a creditor…
Section 54F — Duties of sheriff
(1) Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a sheriff,…
Section 54G — Duty of court registrar
Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to the registrar…
Section 54H — Duties of person entitled to deduct money owing to declared debtor
(1) Where, during the stay period in relation to a declaration of intention presented by a debtor, a copy of the declaration signed by the Official Receiver who accepted it is produced to a person…
Section 54J — Extension of time where this Division prevents the doing of an act
Where, throughout a particular period, this Division prevents the doing of a particular act, that period shall be disregarded in determining, for the purposes of any law, agreement or instrument,…
Section 54K — Section 33 not to apply to this Division
Nothing in section 33 permits the extension or abridgment of a period or time limited by this Division.
Section 54L — Secured creditor’s rights under security not affected
Nothing in this Division affects the right of a secured creditor to realise or otherwise deal with the creditor’s security.
Section 55 — Debtor’s petition
(1) Subject to this section, a debtor may present to the Official Receiver a petition against himself or herself. (2) A petition presented by a debtor under this section: (a) shall be in accordance…
Section 56A — Persons who may present a debtor’s petition against a partnership
(1) A debtor’s petition against a partnership may be presented by: (a) all the partners; or (b) a majority of the partners who are resident in Australia. (2) A member of a partnership who is a party…
Section 56B — Presentation of a debtor’s petition against a partnership
(1) Any debtor’s petition against a partnership must be presented to the Official Receiver. (2) A petition must be in accordance with the approved form. (3) A petition must be accompanied by: (a) a…
Section 56C — Referral to the Court of a debtor’s petition against a partnership
(1) The Official Receiver must refer a debtor’s petition against a partnership to the Court for a direction to accept or reject the petition if either or both of the following conditions are met: (a)…
Section 56D — Acceptance of a debtor’s petition against a partnership by the Official Receiver
(1) The Official Receiver must accept a debtor’s petition against a partnership unless the Official Receiver rejects it under section 56B or is directed by the Court to reject the petition. (2) When…
Section 56E — Effects of acceptance of a debtor’s petition against a partnership
(1) When the Official Receiver notes the fact of acceptance on a petition that has not been amended under a direction of the Court, each member of the partnership becomes a bankrupt by force of this…
Section 56F — Extra duties of non-petitioning partners who become bankrupts
(1) A member of a partnership who did not join in presenting a debtor’s petition against the partnership but became a bankrupt as a result of the acceptance of the petition must give the Official…
Section 56G — Inspection of statements of affairs of partners and partnerships
(1) A person may inspect, obtain a copy of, or take extracts from, any statement of affairs that was given to the Official Receiver in connection with a debtor’s petition against a partnership. (2)…
Section 57 — Debtor’s petition by joint debtors who are not partners
(1) Where joint debtors are not in partnership with one another, the debtors, or any 2 or more of the debtors, may present to the Official Receiver a petition jointly against themselves. (2) A…
Section 57A — Time at which person becomes bankrupt on debtor’s petition
Where, after the commencement of this section, a person becomes a bankrupt by virtue of the presentation of a debtor’s petition, the person shall, for the purposes of this Act, be deemed to become a…
Section 57B — Acceptance of statements of affairs by Official Receiver
(1) The Official Receiver must either accept, or refuse to accept, a statement of affairs that is filed for the purposes of any of the following provisions (including an updated statement of affairs…
Section 58 — Vesting of property upon bankruptcy—general rule
(1) Subject to this Act, where a debtor becomes a bankrupt: (a) the property of the bankrupt, not being after-acquired property, vests forthwith in the Official Trustee or, if, at the time when the…
Section 58A — Vesting of property upon bankruptcy—effect of orders in force under the proceeds of crime law
If a restraining order or forfeiture order is in force (1) If property of a bankrupt is covered by a restraining order, or a forfeiture order, made before the date of the bankruptcy, subsection 58(1)…
Section 59 — Second or subsequent bankruptcy
(1) Where a person who is a bankrupt again becomes a bankrupt: (a) the property of the bankrupt: (i) that was acquired by, or devolved on, the bankrupt on or after the date of the earlier bankruptcy;…