Filing requirements

The Bankruptcy Act 1966, Bankruptcy Regulations 2021 and Bankruptcy (Estate Charges) Act 1997 contain requirements relating to lodging documents with, or making applications or notifying events to, the Official Receiver or Inspector-General in Bankruptcy.

These requirements are summarised in the following table of filing requirements which specifies:

  • the party required to lodge/apply/notify
  • the preferred method of lodgment/application/notification
  • whether any time limits apply
  • whether any fees apply
  • penalties for late or non-compliance where applicable.

Application or Lodgment Type

 

 

Debtor

 

 

Creditor

 

 

Trustee

 

 

DAA

 

 

Other

 

 

Preferred method of lodgment

 

 

Timeframe for making application or lodging document

 

 

Lodge with

 

 

Lodgment/
application fee

 

 

Late penalty units(1)

 

 

Legislative Reference

 

1.

 

Application: Issue of a bankruptcy notice

 

 

 

Creditor

 

 

 

 

Online Services

Within 6 years of the date of judgment supporting Bankruptcy Notice application. Refer Official Receiver Practice Statement 6 - Applying for a bankruptcy notice.

 

Registry

 

Y

 

N

 

 

41

Section 8 and 9 of the Bankruptcy Regulations 2021

 

2.

 

Application: Extension of time for bankruptcy notice

 

 

 

Creditor

 

 

 

 

Online Services

Within a reasonable time after the issue of the Bankruptcy Notice. Refer Official Receiver Practice Statement 6 - Applying for a bankruptcy notice.

 

Registry

 

Y

 

N

 

Section 10 of the Bankruptcy Regulations 2021

 

3.

 

Application: Amendment of bankruptcy notice

 

 

 

Creditor

 

 

 

 

Online Services

Prior to the service of the Bankruptcy Notice on the debtor. Refer Official Receiver Practice Statement 6 - Applying for a bankruptcy notice.

 

Registry

 

N

 

N

 

 

4.

 

Lodgment: Sequestration order

 

 

 

Creditor

 

 

 

 

registry [at] afsa.gov.au (Email)

Within 2 days of the order being made by the Court Refer Official Receiver Practice Statement 3 - Bankruptcy by sequestration order.

 

Registry

 

N

 

5

 

52(1A)

 

5.

 

Lodgment: Creditor’s petition (including orders dismissing, staying, extending or adjourning the creditors petition)

 

 

Creditor

 

 

 

 

registry [at] afsa.gov.au (Email)

Within 2 working days of endorsement of the petition/order by the Court

 

Refer Official Receiver Practice Statement 3 - Bankruptcy by sequestration order.

 

Registry

 

N

 

N

 

44

Section 13 of the Bankruptcy Regulations 2021

 

6.

 

Lodgment: Control order

 

 

 

Creditor

 

 

 

 

registry [at] afsa.gov.au (Email)

Within 7 days of Court making the order (must also serve on the trustee and Official Receiver – where the trustee is not the Official Trustee)

Refer Official Receiver Practice Statement 3 - Bankruptcy by sequestration order.

 

Registry

 

N

 

N

 

50

 

Section 14 of the Bankruptcy Regulations 2021

 

7.

 

Lodgment: Bankruptcy Form where a sequestration order has been made

 

 

Debtor

 

 

 

 

 

Insolvency Services portal 

Within 14 days of being notified of the order

Refer Official Receiver Practice Statement 3 - Bankruptcy by sequestration order.

 

Registry

 

N

 

50(2)

 

54(1)&(2)

 

8.

 

Application: Temporary debt protection (formerly declaration of intention to present a debtor's petition)

 

Debtor

 

 

 

 

 

Insolvency Services portal

Within 28 days of debtor signing the form. Refer Official Receiver Practice Statement 1 - Temporary debt protection (declaration of intention to present a debtor's petition)

 

Registry

 

N

 

N

 

54A

 

9.

 

Application: Bankruptcy Form

 

Debtor

 

 

 

 

 

Insolvency Services portal 

Refer Official Receiver Practice Statement 2 - Bankruptcy by debtor’s petitions.

 

Registry

 

N

N

 

55

 

56B

 

57

 

10.

 

Lodgment: Composition proposal from a debtor

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 2 business days of receiving the proposal

 

Registry

 

N

 

1

 

73(1A)

 

11.

 

Lodgment: Declaration of relationship by trustee of a composition proposal, if different to the trustee of the bankruptcy

 

 

 

Trustee

 

 

 

registry [at] afsa.gov.au (Email)

At the time of distribution of the bankruptcy trustee’s report on the proposal to creditors. Note – Consent to Act form signed by the proposed trustee makes provision for this declaration.

 

Registry

 

N

 

N

 

73B

 

12.

 

Lodgment: Annulment on acceptance of a composition proposal

 

 

 

Trustee

 

 

 

registry [at] afsa.gov.au (Email)

Within 2 days of the passage of the resolution accepting the composition proposal

 

Registry

 

N

 

5

 

74(5A)

 

13.

 

Application: Request to exercise OR powers

 

 

 

 

Trustee

 

 

 

Online Services

 

No time limit, but subject to provisions of s127 which limits the time for trustees to claim certain property

 

Refer Official Receiver Practice Statement 7 - Official Receiver notices.

 

ORN

 

Y

 

N

 

77AA,

 

77C

 

81A

 

139ZL

 

139ZQ

 

14.

 

Application: Request to issue certificate evidencing charge

 

 

 

 

Trustee

 

 

 

Online Services

No time limit, but subject to provisions of s127 which limits the time for trustees to claim certain property

 

Refer Official Receiver Practice Statement 7 - Official Receiver notices.

 

ORN

 

Y

 

N

 

139ZN

 

139ZR

 

15.

 

Application: Request for review of contribution assessment or hardship determination

 

Debtor

 

 

 

 

 

Online form

Within 60 days after the date that the bankrupt is notified of the trustee’s assessment/determination

 

Inspector-General

 

N

 

N

 

139ZA- ZE 139T(12)

 

16.

 

Application: Request for review of supervised account regime

 

Debtor

 

 

 

 

 

Regulation [at] afsa.gov.au (Email)

Within 60 days after the date that the bankrupt is notified of the trustee’s decision

 

Inspector-General

 

N

 

N

 

139ZIO(3)

 

17.

 

Lodgment: Objection to discharge from bankruptcy

 

 

 

 

Trustee

 

 

 

Online Services

Before the bankrupt is discharged. It is strongly recommended that trustees lodge objection notices via the online portal at least 2 business days prior to date of discharge.

 

Registry

 

N

 

N

 

149B

 

18.

 

Lodgment: Advice of bankrupt’s return to Australia where an objection was lodged

 

 

 

Trustee

 

 

 

registry [at] afsa.gov.au (Email)

Within 7 days of trustee becoming aware of the bankrupt’s return to Australia

 

Registry

 

N

 

1

 

Section 44 of the Bankruptcy Regulations 2021

 

19.

 

Lodgment: Cease or withdraw objection to discharge

 

 

 

Trustee

 

 

 

registry [at] afsa.gov.au (Email)

Upon trustee deciding to withdraw objection

 

Registry

 

N

 

N

 

149H

 

149J

 

20.

 

Lodgment: Outcome of review of an objection by the Inspector-General

 

 

 

 

 

Other

 

registry [at] afsa.gov.au (Email)

Upon the Inspector-General making a decision on the review application

 

Registry

 

N

 

N

 

149P

 

21.

 

Application: Request for review of notice of objection

 

Debtor

 

 

 

 

 

Online form

Within 60 days after the date that the bankrupt is notified of the trustee’s decision

 

Inspector-General

 

N

 

N

 

149K

 

22.

 

Lodgment: Outcome of AAT review of Inspector-General’s decision regarding an objection

 

 

 

Trustee

 

 

 

registry [at] afsa.gov.au (Email)

Within 7 days of being notified of the decision of the AAT

 

 

Registry

 

N

 

N

 

Section 46 of the Bankruptcy Regulations 2021

 

23.

 

Lodgment: Certificate of annulment

 

 

 

Trustee

 

 

 

registry [at] afsa.gov.au (Email)

Within 2 days of payment of all debts

 

Registry

 

N

 

5

 

153A

 

24.

 

Lodgment: Court ordered annulment

 

 

 

Trustee

 

 

 

Other

 

registry [at] afsa.gov.au (Email)

Within 2 days of becoming aware of the order

 

Registry

 

N

 

5

 

153B

 

25.

 

Lodgment: Trustee consent to act

 

 

 

 

Trustee

 

 

 

registry [at] afsa.gov.au (Email)

 

In the case of a sequestration order, when the creditor's petition is filed (or when the sequestration order is filed); in the case of a debtor's petition, when the Bankruptcy Form is filed

 

Registry

 

N

 

N

 

156A
 

Section 47 of the Bankruptcy Regulations 2021

 

26.

 

Application: Request to call meeting

 

 

 

Creditor

 

 

 

 

registry [at] afsa.gov.au (Email)

No time limit - upon requisition by a creditor

 

Registry

 

N

 

N

 

159

 

27.

 

Application: Debt agreement proposal and explanatory statement, administrator’s certificate and Bankruptcy Form

 

Debtor

 

 

 

 

DAA

 

Online Services

Within 14 days after the debtor signed the documents. Refer Official Receiver Practice Statement 11 - Debt agreements

 

DAT

 

Y

 

N

 

185C(1)

 

185C(2B)

 

185C(2D)

 

185D(1)

28.

Lodgment: Statement of claim and voting

 

Creditor

 

 

 

Online Services

Before the ‘applicable deadline’ for voting (defined in s185) Refer Official Receiver Practice Statement 11 - Debt agreements

DAT

N

N

185EA (2)(b)

29.

Lodgment: Notification of 6-month arrears default

 

 

 

DAA

 

Online Services

Within 10 working days of occurrence of default. Refer Official Receiver Practice Statement 11 - Debt agreements

DAT

N

N

185LC(1)

30.

Lodgment: DAA annual administration return

 

 

 

DAA

 

Online Services

Within 25 business days after the end of the financial year Refer Inspector-General Practice Statement 7 - Annual administration returns (AARs)

Inspector-General

N

5

185LEA(

1)

31.

Application: Proposal to vary debt agreement and explanatory statement

Debtor

Creditor

 

 

 

Online Services

Refer Official Receiver Practice Statement 11 - Debt agreements

DAT

N

N

185M(1)

185M(1B)

185M (1DB)

32.

Lodgment: Voting on proposal to vary debt agreement

 

Creditor

 

 

 

Online Services

Before the ‘applicable deadline’ for voting (defined in s185) Refer Official Receiver Practice Statement 11 - Debt agreements

DAT

N

N

185MA (2)(b)

33.

Lodgment: Notification of obligations discharged

 

 

 

DAA

 

Online Services

Within 5 working days of end of agreement. Refer Official Receiver Practice Statement 11 - Debt agreements

DAT

N

N

185N(5)

34.

Application: Proposal to terminate debt agreement and explanatory statement

Debtor

Creditor

 

 

 

Online Services

Refer Official Receiver Practice Statement 11 - Debt agreements

DAT

N

N

185P(1)

185P(1B)

35.

Lodgment: Voting on proposal to terminate debt agreement

 

Creditor

 

 

 

Online Services

Before the ‘applicable deadline’ for voting (defined in s185) Refer Official Receiver Practice Statement 11 - Debt agreements

DAT

N

N

185PA (2)(b)

36.

Lodgment: Court order terminating debt agreement

 

 

 

 

Other

debtagreementservice [at] afsa.gov.au (Email)

Within 2 days after entry of order is stamped. Refer Bankruptcy Regulations Sch 8 Item 22C & Rule

9.05 of Federal Court and Federal Circuit Court (Bankruptcy) Rules

DAT

N

N

185Q

37.

Lodgment: Court order voiding debt agreement

 

 

 

 

Other

debtagreementservice [at] afsa.gov.au (Email)

Within 2 days after entry of order is stamped. Refer Rule 9.05 of Federal Court and Federal Circuit Court (Bankruptcy) Rules

DAT

N

N

185T

185U

38.

Lodgment: Notification of death of administrator

 

 

 

 

Other

debtagreementservice [at] afsa.gov.au (Email)

Within 28 days from the day the person started to administer the deceased administrator’s estate Refer Official Receiver Practice Statement 11 - Debt agreements

DAT

N

5

185ZA(1)

39.

Application: Registration as a debt agreement administrator

 

 

 

 

Other

A [company]

Online form

B [individual or POMR]

Online form

No time limit

Inspector-General

Y

N

186B

186C

40.

Application: Renewal of registration as a registered debt agreement administrator

 

 

 

DAA

 

Online form

Before the end of the applicant’s existing registration period

Inspector-General

Y

N

186B

186C

41.

Application: Change or remove registration conditions on registration of a debt agreement administrator

 

 

 

DAA

 

Online form

No time limit

Inspector-General

N

N

186H

42.

Application: Surrender of registration as a registered debt agreement administrator

 

 

 

DAA

 

Online form

No time limit

Inspector-General

N

N

186J

43.

Lodgment: Return of registered debt agreement administrator registration certificate on cessation of registration

 

 

 

DAA

 

Post

Within 7 days of registration ceasing

Inspector-General

N

5

186N(1)

186N(3)

186N(5)

186N(6A)

44.

Lodgment: S188 authority, proposal & Statement of Affairs (SoA)

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 2 working days of consenting Refer Official Receiver Practice Statement 4 - Setting up a personal insolvency agreement.

Registry

Y

N

188(5)

Section 61 of the Bankruptcy Regulations 2021

45.

Lodgment: Report by controlling trustee on PIA proposal; declaration of any relationship with debtor; and statement about possible resolutions

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 10 days prior to the date of the meeting of creditors to consider the debtor’s proposal

Registry

N

N

189A

189B

46.

Lodgment: Notification where control period ends

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 7 days after trustee becomes aware control period has ended

Registry

N

N

189(1B)

47.

Lodgment: Special resolution at creditors’ meeting to consider PIA

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 7 working days of resolution being passed

Registry

N

N

204

Section 62 of the Bankruptcy Regulations 2021

48.

Lodgment: Notification of presentation of creditor’s petition against debtor required by special resolution to enter a PIA

 

Creditor

 

 

 

registry [at] afsa.gov.au (Email)

As soon as practicable after creditor’s petition presented

Registry

N

N

206(2)

49.

Lodgment: Consent of PIA trustee

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

As soon as practicable after the resolution is passed

Registry

N

N

215A(1A)

50.

Lodgment: Execution of PIA

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 2 days after the date of execution of PIA

Registry

N

5

218

51.

Lodgment: Termination, variation or setting aside PIA

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 2 days from the date of termination, variation or setting aside

Registry

N

1

221

222

222A

222C

222D

224A(1)-(5)

Section 67 and 68 of the Bankruptcy Regulations 2021

52.

Lodgment: Certificate on completion of terms of PIA

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 7 working days of giving certificate of completion to the debtor

Registry

N

N

Section 70 of the Bankruptcy Regulations 2021

53.

Lodgment: Court order estate to be administered under Part XI - on application of creditor

 

Creditor

 

 

 

registry [at] afsa.gov.au (Email)

Post

Within 2 days of the order being made

Registry

N

5

244(14)

245(3)

54.

Lodgment: Petition presented to court by creditor or administrator of deceased estate

 

Creditor

 

 

Other

registry [at] afsa.gov.au (Email)

Within 2 working days of the order being made

Registry

N

5

Section 75(6) of the Bankruptcy Regulations 2021

244(11)

 

55.

Lodgment: Statement of deceased person's affairs

 

 

 

 

Other

registry [at] afsa.gov.au (Email)

Post

Within 28 days of being notified of the order

Registry

N

25

246(1)

56.

Lodgment: Court order that estate be administered under Part XI - on application of administrator

 

 

 

 

Other

registry [at] afsa.gov.au (Email)

Within 2 days of the order being made

Registry

N

5

247(3)

57.

Lodgment: Certificate of annulment of bankruptcy

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

Within 2 days from the date of last payment

Registry

N

5

252A(2)

58.

Lodgment: Payment of unclaimed dividend

 

 

Trustee

 

 

registry [at] afsa.gov.au (Email)

 

Registry

N

N

254(2)

59.

Application: Registration as a trustee

 

 

 

 

 

Other

 

Online form

No time limit

 

Inspector-General

 

Y

N

20-5 of Sch 2

 

60.

Application: Removal or variation of conditions on registration (as trustee)

 

 

 

Trustee

 

 

 

Online form

No time limit

 

Inspector-General

 

N

 

N

 

20-40 of Sch 2  

 

61.

 

Application: Renewal of registration of trustee

 

 

 

Trustee

 

 

 

Online form

Before the trustee’s registration expires

 

Inspector-General

 

Y

 

N

 

20-70 of Sch 2

 

62.

Lodgment: Annual trustee return

 

 

Trustee

 

 

Online form

Within 1 month after the end of the trustee return year – this term is defined in s30-1 of Sch 2

Inspector-General

N

1

30-1 of Sch 2

 63.

 

Lodgment:
Notice by registered trustee of significant events

 

 

 

Trustee

 

 

 

Online form

Within 5 business days after the trustee could reasonably be expected to be aware the event has occurred

 

Inspector-General

 

N

 

1

 

35-1 of Sch 2

 

64.

Lodgment:
Notice by registered trustee of other events

 

 

Trustee

 

 

Online form

Within 10 business days after the trustee could reasonably be expected to be aware the event has occurred

Inspector-General

N

1

35-5 of Sch 2

65.

 

Application: Request by registered trustee to voluntarily have registration suspended or cancelled

 

 

 

Trustee

 

 

 

Online form

No time limit

 

Inspector-General

N

 

N

 

40-25(g) &
40-30(g) of
Sch 2

 

66.

Application:
Request by registered trustee to have suspension lifted or period shortened

 

 

Trustee

 

 

Online form

No time limit

 

Inspector-General

N

 

N

 

40-70 of Sch 2

67.

Lodgment:
Notice by industry body of suspected grounds for disciplinary action against registered trustee

 

 

 

 

 

other

Online form

No time limit

Inspector-General

N

N

40-100 of Sch 2

68.

Application:
Determination of remuneration by Inspector-General

 

 

trustee

 

 

Online form

No time limit

Inspector-General

N

N

60-11 of Sch 2

69.

Application:
Review of bill of costs of third party by Inspector-General

 

 

trustee

 

 

regulation [at] afsa.gov.au (Email)

Within 20 business days after the trustee receives the bill of costs from the third party, but before the bill of costs is paid

Inspector-General

N

N

65-46 of Sch 2
 

65-20 of the Insolvency Practice Rules (Bankruptcy)

70.

 

Lodgment: RT/CT annual administration return

 

 

 

 

Trustee

 

 

 

Online Services

Within 25 business days after the end of the financial year* Refer Inspector-General Practice Statement 7- Annual administration returns (AARs)

 

*applies to the 2018-19 financial year and financial years thereafter

 

Inspector-General

 

N

 

N

 

70-5 of Sch 2

 

71.

Lodgment: Notice of first meeting of creditors under s73 or Part X

 

 

Trustee

 

 

Online form

Not less than 10 business days prior to the date of the meeting

Inspector-General

Y

N

75-40 of Sch 2

72.

Application:
Review of trustee remuneration by Inspector-General

Debtor

Creditor

 

 

 

Online form

Within 20 business days of receipt of remuneration claim notice (where debtor/creditor has elected to receive a notice); or within 20 business days after the end of the administration

Inspector-General

N

N

90-21 of Sch 2

 

90-5 of the Insolvency Practice Rules (Bankruptcy)

 73.

 

Lodgment: Removal or appointment of trustee, or reappointment of removed trustee

 

 

Creditor

 

 

Trustee

 

 

 

Other

 

registry [at] afsa.gov.au (Email)

As soon as practicable after making of the court order to remove or cancel the appointment of a trustee and appoint a new trustee; or the passage of a resolution appointing a new trustee

 

Where former trustee is reappointed by the court – within 2 business days after the order is made

 

Registry

 

N

 

N

 

90-15 & 90‑35 of Sch 2

Section 52 of the Bankruptcy Regulations 2021

90-85 of the Insolvency Practice Rules (Bankruptcy) 

74.

Lodgment: Finalisation of administration

 

 

Trustee

 

 

Online

Within 5 working days of finalising the administration

Registry

N

1

Section 53 of the Bankruptcy Regulations 2021

75.

Lodgment: Remittance of interest and realisations charge by registered trustees and administrators

 

 

Trustee

DAA

 

Online

Within 35 days from the end of the charge period. Payments and information can also be lodged sooner during the course of the charge period (e.g. upon finalisation of an administration)

Refer to Inspector-General Practice Direction 2- Collection of realisations and interest charges.

Inspector-General

N

N (4)

BECA (5)

Section 100 and 101 of the Bankruptcy Regulations 2021

76.

Lodgment: Statement regarding payment of unclaimed money

 

 

Trustee

DAA

 

registry [at] afsa.gov.au (Email)

Post

Within 7 days of giving statement to the Commonwealth officer to whom unclaimed moneys are paid

Registry

N

1

Section 72 of the Bankruptcy Regulations 2021

1. This column shows the penalty that applies for late lodgment if an infringement notice is issued (a penalty unit is $210). Issuing an infringement notice is an administrative procedure and does not constitute a conviction. However, penalties may also apply on conviction and these are generally a maximum of 5 times the infringement notice penalty.

2. No infringement notice penalty applies to this provision.  The penalty shown is the maximum penalty on conviction.

3. No infringement notice penalty applies for late lodgment.  However, the Minister may fix a late lodgment fee by legislative instrument.

4. No infringement notice penalty applies for late remittance. However, late payment penalty at the rate of 20% per annum can be imposed under s281 of the Bankruptcy Act.

5. BECA stands for Bankruptcy (Estate Charges) Act 1997 – see in particular section 5 (interest charge) and sections 6-8 (realisations charge)