Filing requirements

The Bankruptcy Act 1966, Bankruptcy Regulations 1996 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 Lodgement Type

 

 

Debtor

 

 

Creditor

 

 

Trustee

 

 

DAA

 

 

Other

 

 

Preferred method of lodgement

 

 

Timeframe for making application or lodging document

 

 

Lodge with

 

 

Lodgement/
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’s Practice Statement on Applying for Bankruptcy Notices.

 

Registry

 

Y

 

N

 

41

 

R4.01 R4.02

 

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’s Practice Statement on applying for bankruptcy notices.

 

Registry

 

Y

 

N

 

R4.02A

 

3.

 

Application: Amendment of bankruptcy notice

 

 

 

Creditor

 

     

Online Services

Prior to the service of the Bankruptcy Notice on the debtor. Refer Official Receiver’s Practice Statement on applying for bankruptcy notices.

 

Registry

 

N

 

N

 

 
4.

 

Lodgement: Sequestration order

 

 

 

Creditor

 

      registry [at] afsa.gov.au (Email) Within 2 days of the order being made by the Court Refer Official Receiver’s Practice Statement on creditor petition bankruptcies.

 

Registry

 

N

 

1

 

52(1A)

 

5.

 

Lodgement: 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’s Practice Statement on creditor petition bankruptcies

 

Registry

 

N

 

N

 

44

 

R4.05(1)

 

R4.05(3)

 

6.

 

Lodgement: 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’s Practice Statement on creditor petition bankruptcies

 

Registry

 

N

 

N

 

50

 

R 4.06

 

7.

 

Lodgement: Statement of affairs where a sequestration order has been made

 

 

Debtor

 

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

Within 14 days of being notified of the order

Refer Official Receiver’s Practice Statement on filing of Statement of Affairs

 

Registry

 

N

 

25

 

54(1)&(2)

 

8.

 

Application: Declaration of intention to present a debtor's petition

 

Debtor

 

        registry [at] afsa.gov.au (Email) Post Within 28 days of debtor signing the form. Refer Official Receiver Practice Statement on declaration of intention to present a debtor’s petition.

 

Registry

 

N

 

N

 

54A

 

9.

 

Application: Debtor's petition & statement of affairs

 

Debtor

 

        registry [at] afsa.gov.au (Email) Post Within 28 days of debtor signing the SoA form. Refer Official Receiver Practice Statement on debtor’s petitions.

 

Registry

 

N

N

 

55

 

56B

 

57

 

10.

 

Lodgement: Composition proposal from a debtor     Trustee     registry [at] afsa.gov.au (Email) Within 2 working days of receiving the proposal

 

Registry

 

N

 

1

 

73(1A)

 

11.

 

Lodgement: 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.

 

Lodgement: 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

 

1

 

74(5A)

 

13.

 

Application: Request to exercise OR powers

 

   

 

Trustee

 

    or.notices [at] afsa.gov.au (Email)

 

No time limit, but subject to provisions of S127 which limits the time for trustees to claim certain properties

 

Refer Official Receiver’s Practice Statement on exercising Official Receiver powers

 

ORN

 

Y

 

N

 

77AA,

 

77C

 

81A

 

139ZL

 

139ZQ

 

14.

 

Application: Request to issue certificate evidencing charge

 

   

 

Trustee

 

    or.notices [at] afsa.gov.au (Email) No time limit, but subject to provisions of S127 which limits the time for trustees to claim certain properties

 

Refer Official Receiver’s Practice Statement on exercising Official Receiver powers

 

ORN

 

Y

 

N

 

139ZN

 

139ZR

 

15.

 

Application: Request for review of contribution assessment or hardship determination

 

Debtor

 

        rpo [at] afsa.gov.au (Email) Within 60 Days after the date that the bankrupt is notified of the trustee’s assessment/determination

 

Regulation

 

N

 

N

 

139ZA- ZE 139T(12)

 

16.

 

Application: Request for review of supervised account regime

 

Debtor

 

        rpo [at] afsa.gov.au (Email) Within 60 Days after the date that the bankrupt is notified of the trustee’s decision

 

Regulation

 

N

 

N

 

139ZIO(3

 

)

 

17.

 

Lodgement: Objection to discharge from bankruptcy

 

   

 

Trustee

 

    registry [at] afsa.gov.au (Email) Before the bankrupt is discharged. It is however strongly recommended that trustees lodge objection notices at least 2 working days prior to date of discharge.

 

Registry

 

N

 

N

 

149B

 

18.

 

Lodgement: 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

 

N

 

R7.01

 

19.

 

Lodgement: 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.

 

Lodgement: 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

 

        rpo [at] afsa.gov.au (Email) Within 60 Days after the date that the bankrupt is notified of the trustee’s decision

 

Regulation

 

N

 

N

 

149K

 

22.

 

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

 

Trustee

 

    registry [at] afsa.gov.au (Email) Within 7 working days of being notified of the decision of the AAT

 

 

Registry

 

N

 

N

 

R7.02

 

23.

 

Lodgement: Certificate of annulment    

 

Trustee

 

    registry [at] afsa.gov.au (Email) Within 2 days of payment of all debts

 

Registry

 

N

 

1

 

153A

 

24.

 

Lodgement: Court ordered annulment    

 

Trustee

 

 

 

Other

 

registry [at] afsa.gov.au (Email) Within 2 days of becoming aware of the order

 

Registry

 

N

 

1

 

153B

 

25.

 

Application: Registration as a Trustee        

 

Other

 

rpo [at] afsa.gov.au (Email) No time limit

 

 

Regulation

 

Y

 

N

 

154A R8.01

 

26.

 

Application: Extension of registration    

 

Trustee

 

    rpo [at] afsa.gov.au (Email) Before the trustee’s registration expires

 

Regulation

 

Y

 

N

 

155D R8.04

 

27.

 

Application: Removal of conditions on registration    

 

Trustee

 

    rpo [at] afsa.gov.au (Email) No time limit

 

Regulation

 

N

 

N

 

155E

 

28.

 

Application: Request by registered trustee to voluntarily cease to be registered    

 

Trustee

 

    rpo [at] afsa.gov.au (Email) No time limit

 

Regulation

 

N

 

N

 

155G

 

29.

 

Lodgement: Return of registered trustee registration certificate on cessation of registration    

 

Trustee

 

    Post Within 7 days of registration ceasing

 

Regulation

 

N

 

1

 

155J(1)

 

30.

 

Lodgement: Change in registered trustee particulars    

 

Trustee

 

    rpo [at] afsa.gov.au (Email) Promptly

 

Regulation

 

N

 

N

 

R8.04A

 

31.

 

Lodgement: Trustee consent to act

 

   

 

Trustee

 

    registry [at] afsa.gov.au (Email) As soon as practicable after signing of the consent or within 2 working days of the sequestration order being made

 

Registry

 

N

 

N

 

156A R8.06

 

32.

 

Lodgement: Removal or appointment of 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

 

Registry

 

N

 

N

 

156A

 

157

 

179

 

181

 

R8.13

 

33.

 

Application: Request to call meeting

 

 

 

Creditor

 

      registry [at] afsa.gov.au (Email) No time limit - upon requisition by a creditor

 

Registry

 

N

 

N

 

159

 

34.

 

Lodgement: Registered trustee to notify Inspector-General of certain events (conviction of certain offences, bankruptcy etc)

 

   

 

Trustee

 

    rpo [at] afsa.gov.au (Email) As soon as practicable

 

Regulation

 

N

 

N

 

161A

 

35.

 

Lodgement: RT/CT annual estate return

 

   

 

Trustee

 

    Online Within 35 days after the end of the financial year Refer Inspector-General Practice Statement on annual estate returns

 

Registry

 

N

 

1

 

170A(1)

 

36.

 

Lodgement: Notification of death of trustee

 

       

 

Other

 

registry [at] afsa.gov.au (Email) Within 28 days of from the date the person commenced administering the estate of the deceased trustee

 

Registry

 

N

 

1

 

182(4)

 

37.

 

Application: Debt agreement proposal and explanatory statement, administrator’s certificate and statement of affairs

 

Debtor

 

   

 

DAA

  debtagreementservice [at] afsa.gov.au (Email) Within 14 days after the debtor signed the documents. Refer Official Receiver Practice Statement on acceptance of debt agreement proposals

 

DAT

 

Y

 

N

 

185C(1)

 

185C(2B)

 

185(2D)

 

185D(1)

38.

Lodgement: Statement of claim and voting

 

Creditor

     

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

Before the ‘applicable deadline’ for voting (defined in s185) Refer Official Receiver Practice Statement on voting on debt agreement proposals and proposals to vary and terminate debt agreements

DAT

N

N

185EA (2)(b)

39.

Lodgement: Notification of 6-month arrears default

     

DAA

 

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

Within 10 working days of occurrence of default. Refer Official Receiver Practice Statement on 6-month arrears default.

DAT

N

N

185LC(1)

40.

Lodgement: DAA annual estate return

     

DAA

 

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

Within 35 days after the end of the financial year Refer Inspector-General Practice Statement on annual estate returns

Registry

N

1

185LEA(

1)

41.

Application: Proposal to vary debt agreement and explanatory statement

Debtor

Creditor

     

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

Refer Official Receiver Practice Statement on proposal to vary a debt agreement

DAT

N

N

185M(1)

185M(1B

)

42.

Lodgement: Voting on proposal to vary debt agreement

 

Creditor

     

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

Before the ‘applicable deadline’ for voting (defined in s185) Refer Official Receiver Practice Statement on voting on debt agreement proposals and proposals to vary and terminate debt agreements

DAT

N

N

185MA (2)(b)

43.

Lodgement: Notification of obligations discharged

     

DAA

 

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

Within 5 working days of end of agreement. Refer Official Receiver Practice Statement on completion of a debt agreement

DAT

N

N

185N(5)

44.

Application: Proposal to terminate debt agreement and explanatory statement

Debtor

Creditor

     

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

Refer Official Receiver Practice Statement on proposal to terminate a debt agreement

DAT

N

N

185P(1)

185P(1B)

45.

Lodgement: Voting on proposal to terminate debt agreement

 

Creditor

     

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

Before the ‘applicable deadline’ for voting (defined in s185) Refer Official Receiver Practice Statement on voting on debt agreement proposals and proposals to vary and terminate debt agreements

DAT

N

N

185PA (2)(b)

46.

Lodgement: 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

47.

Lodgement: 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

48.

Lodgement: 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 on replacing a debt agreement administrator

DAT

N

1

185ZA(1)

49.

Application: Registration as a debt agreement administrator

       

Other

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

No time limit

Regulation

Y

N

186B

186C

50.

Application: Renewal of registration as a registered debt agreement administrator

     

DAA

 

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

Before the end of the applicant’s existing registration period

Regulation

Y

N

186B

186C

51.

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

     

DAA

 

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

No time limit

Regulation

N

N

186H

52.

Application: Surrender of registration as a registered debt agreement administrator

     

DAA

 

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

No time limit

Regulation

N

N

186J

53.

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

     

DAA

 

Post

Within 7 days of registration ceasing

Regulation

N

1

186N(1)

186N(3)

186N(5)

186N(6A)

54.

Lodgement: S188 authority, proposal & statement of affairs

   

Trustee

   

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

Within 2 working days of consenting Refer Official Receiver’s Practice Statement on personal insolvency agreements

Registry

Y

N

188(5) R10.03(2

)

55.

Lodgement: 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 R10.04

56.

Lodgement: 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)

57.

Lodgement: 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

R10.06

58.

Lodgement: 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)

59.

Lodgement: 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)

60.

Lodgement: Execution of PIA

   

Trustee

   

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

Within 2 days after the date of execution of PIA

Registry

N

1

218(2)

61.

Lodgement: 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)

R10.11 R10.12

62.

Lodgement: 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

R10.14

63.

Lodgement: 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

1

244(14)

245(3)

64.

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

 

Creditor

   

Other

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

Within 2 working days after petition endorsed by Court

Registry

N

N

R11.01A 244(1)

247(11)

65.

Lodgement: Statement of affairs of deceased debtor

       

Other

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

Within 28 days of being notified of the order

Registry

N

5

246(1)

66.

Lodgement: 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

1

247(3)

67.

Lodgement: Certificate of annulment of bankruptcy

   

Trustee

   

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

Within 2 days from the date of last payment

Registry

N

1

252A(2)

68.

Lodgement: Notice of stay – drought assistance

       

Other

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

 

Registry

N

N

253C

69.

Lodgement: Payment of unclaimed dividend

   

Trustee

   

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

 

Registry

N

N

254(2)

70.

Lodgement: Finalisation of administration

   

Trustee

   

Online

Within 7 days of finalising the administration

Registry

N

N

R8.14(1)

71.

Lodgement: 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 on collection of realisations and interest charges.

Registry

N

N (2)

BECA (3)

R15A.04 R15A.05

73.

Lodgement: 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

N

R12.01

1. This column shows the penalty that applies for late lodgement if an infringement notice is issued (a penalty unit is $180). 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 for late remittance. However, late payment penalty at the rate of 20% per annum can be imposed under s281 of the Bankruptcy Act.

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

Preferred methods of lodgement for registry documents:
Email: Registry [at] afsa.gov.au
Post: Official Receiver
GPO Box 1550
ADELAIDE SA 5001

Preferred methods of lodgement for Official Receiver notice applications:
Email: or.notices [at] afsa.gov.au
Post: Official Receiver
GPO Box 548
SYDNEY NSW 2001

Preferred methods of lodgement for debt agreement documents
Email: debtagreementservice [at] afsa.gov.au
Post: Debt Agreement Team
Australian Financial Security Authority
PO Box 10443 Adelaide Street,
BRISBANE QLD 4000

Preferred methods of lodging applications/lodgements with the Inspector-General
Email: rpo [at] afsa.gov.au
Post: AFSA Regulation
Australian Financial Security Authority
PO Box 10443 Adelaide Street,
BRISBANE QLD 4000