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Note: To search for hearing details for a specific case, visit the hearing list page.

Appeal against a court decision in a bankruptcy case

Find out about appeals against a court decision in a bankruptcy case and applications for a stay of a bankruptcy order.

Note

This page is for matters that the Rules of Court 2014 apply to. For content relating to matters that the Rules of Court 2021 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.

Who can appeal

You can appeal to reverse a court decision if both of the following apply to you:

You are a party in a bankruptcy application (a debtor or a creditor).
You are not satisfied with an order made by the court for your case.

Note

How to file an appeal

Bankruptcy cases are heard by registrars in the General Division of the High Court. You need to file an appeal within 14 days of the date of the order. Find out how to appeal against a registrar's decision.

Apply for a stay of a bankruptcy order

A bankruptcy order is still valid even if you file an appeal against it.

If you are appealing against a bankruptcy order made against you, and you wish to wait for the outcome of your appeal before complying with the order, you have to apply for a stay of the order for it to not take effect while you appeal.

To apply, file a Summons (Form 60 of the Rules of Court) supported by an affidavit through eLitigation. If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file.

After you apply, the court will schedule a hearing to decide whether to allow or dismiss your application.

If your application is allowed, you will need to serve a copy of the order on the Official Assignee and, if a private trustee has been appointed, the appointed trustee. ⁽¹⁾

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more