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

 

50(2)

 

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 business 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 business 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 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.

 

Lodgement: Trustee consent to act

 

 

 

 

Trustee

 

 

 

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

In the case of a sequestration order being made – not later than 2 business days after the order is made; or otherwise as soon as practicable after signing the consent

 

Registry

 

N

 

N

 

156A
 

R8.01

 

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 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)

28.

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)

29.

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)

30.

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)

31.

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

)

32.

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)

33.

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)

34.

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)

35.

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)

36.

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

37.

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

38.

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)

39.

Application: Registration as a debt agreement administrator

 

 

 

 

Other

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

No time limit

Regulation

Y

N

186B

186C

40.

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

41.

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

42.

Application: Surrender of registration as a registered debt agreement administrator

 

 

 

DAA

 

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

No time limit

Regulation

N

N

186J

43.

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)

44.

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

)

45.

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

46.

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)

47.

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

48.

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)

49.

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)

50.

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

51.

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

52.

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

53.

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)

54.

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)

55.

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)

56.

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)

57.

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)

58.

Lodgement: Notice of stay – drought assistance

 

 

 

 

Other

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

 

Registry

N

N

253C

59.

Lodgement: Payment of unclaimed dividend

 

 

Trustee

 

 

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

 

Registry

N

N

254(2)

60.

 

Application: Registration as a Trustee

 

 

 

 

 

Other

 

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

No time limit

 

 

Regulation

 

Y

 

N

 

20-5 of Sch 2

 

 

61.

Application: Removal or variation of conditions on registration

 

 

 

Trustee

 

 

 

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

No time limit

 

Regulation

 

N

 

N

 

20-40 of Sch 2  

 

62.

 

Application: Renewal of registration

 

 

 

Trustee

 

 

 

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

Before the trustee’s registration expires

 

Regulation

 

Y

 

N

 

20-70 of Sch 2

 

63.

Lodgement:
Annual trustee return

 

 

Trustee

 

 

Email

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

Regulation

N

1

30-1 of Sch 2

 64.

 

Lodgement:
Notice by registered trustee of significant events

 

 

 

Trustee

 

 

 

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

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

 

Regulation

 

N

 

1

 

35-1 of Sch 2

 

65.

Lodgement:
Notice by registered trustee of other events

 

 

Trustee

 

 

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

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

Regulation

N

1

35-5 of Sch 2

66.

 

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

 

 

 

Trustee

 

 

 

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

No time limit

 

Regulation

 

N

 

N

 

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

 

67.

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

 

 

Trustee

 

 

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

No time limit

 

Regulation

 

N

 

N

 

40-70 of Sch 2

68.

Lodgement:
Notice by Industry Body of suspected grounds for disciplinary action against registered trustee

 

 

 

 

 

other

Email

No time limit

Regulation

N

N

40-100 of Sch 2

69.

Application:
Determination of remuneration by Inspector-General

 

 

trustee

 

 

email

No time limit

Regulation

N

N

60-11 of Sch 2

70.

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

 

 

trustee

 

 

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

Regulation

N

N

65-46 of Sch 2
 

65-20 of the Insolvency Practice Rules (Bankruptcy)

71.

 

Lodgement: RT/CT annual administration return

 

 

 

 

Trustee

 

 

 

Online

Within 25 business days after the end of the financial year* Refer Inspector-General Practice Statement on annual estate returns

 

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

 

Registry

 

N

 

N (3)

 

70-5 of Sch 2

 

72.

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

 

 

Trustee

 

 

Email

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

Regulation

Y

N

75-40 of Sch 2

73.

Application:
Review of trustee remuneration by Inspector-General

Debtor

Creditor

 

 

 

email

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

Regulation

N

N

90-21 of Sch 2

 

90-5 of the Insolvency Practice Rules (Bankruptcy)

 74.

 

Lodgement: 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

 

R8.50
 

90-85 of the Insolvency Practice Rules (Bankruptcy) 

75.

Lodgement: Finalisation of administration

 

 

Trustee

 

 

Online

Within 7 days of finalising the administration

Registry

N

N

R8.14(1)

76.

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 (4)

BECA (5)

R15A.04 R15A.05

77.

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 lodgment 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 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)

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 400