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Respond to a bankruptcy application (from 1 April 2022)

As a debtor, find out what it means and what to do if you are served with a bankruptcy application made against you.

Note

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

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

When someone files a bankruptcy application against you

When you owe someone money, they are the creditor and you are the debtor.

If you owe your creditor at least $15,000 and you have not paid, they may apply to the General Division of the High Court to declare you a bankrupt.

You may receive the following documents:

A Statutory Demand demanding payment.
The creditor's bankruptcy application against you, along with the supporting affidavit.

Note

Respond to a bankruptcy application step-by-step

This is the process to respond to a bankruptcy application made against you.

Before responding

Understand the considerations

Consider the consequences of and alternatives to bankruptcy before you proceed.

What it means to be a bankrupt (from 1 April 2022)

When responding

Respond to a statutory demand or bankruptcy application

If you do not respond to a statutory demand from a creditor, you may then receive a creditor's bankruptcy application and the supporting affidavit. Find out the ways you can respond at each stage.

After responding

Attend court

You must attend a court hearing where a registrar will hear the case and make a decision. This may be a bankruptcy order or other orders.

Attend a bankruptcy hearing as a debtor

After an order is made

File an application, if needed

You may file an appeal against a bankruptcy order that you are dissatisfied with. In some cases, you may apply to annul a bankruptcy order made against you.

2021/07/23

Resources

Legislation associated with this topic include:

The Insolvency, Restructuring and Dissolution Act, particularly Parts 13 to 22.
The Insolvency, Restructuring and Dissolution (Personal Insolvency) Rules.
The Insolvency, Restructuring and Dissolution (Debt Repayment Scheme) Regulations.
The Insolvency, Restructuring and Dissolution (Voluntary Arrangements) Regulations.

Refer to Part 19 of the Supreme Court Practice Directions 2021.

Note

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

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

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