If someone owes you money and you would like to apply to make them bankrupt, make sure you are aware of the following:
The information below provides general information about bankruptcy notice applications and how they're dealt with. We aren't able to provide advice on how to complete your application. If you need assistance, you may need to seek your own legal advice. Seek legal assistance.
For information about serving the bankruptcy notice see: Serve, amend or extend a bankruptcy notice.
For technical information for how to apply for a bankruptcy notice online see: Creditor bankruptcy notices
Can I submit a paper bankruptcy notice?
No. Bankruptcy notice applications can only be made online.
Using our online services allows you to:
- save partly completed applications
- save drafts for review prior to lodging
- track progress once lodged and
- charge fees to your account.
Does the National Personal Insolvency Index (NPII) record bankruptcy notices?
No. However, if you file a creditor's petition with the Federal Court or Federal Circuit Court:
- the creditor's petition details appear on the NPII[?] and
- the bankruptcy notice is then open to public inspection.
How do I calculate the interest?
You may need to seek legal assistance or contact the court that issued the final judgment for help.
Our online service provides you with an interest calculation tool. However you should be aware of the following information. Where a judgment includes interest, you can only claim this interest in your application if:
- The court that made the judgment or order has allowed it.
- You specify the amount of interest.
- You attach a schedule in your application. This should show how you calculated the interest and the legislation you’re using to claim the post-judgment interest.
- It's your responsibility to ensure you have calculated the interest correctly.
Note: You can't include post judgment interest to make up the minimum of $5000 we require for bankruptcy notice applications.
Can I include more than one person on the bankruptcy notice?
Yes, as long as all people on your bankruptcy notice application are listed on the judgment or order.
The names on the judgment and names on the application must be identical.
If the person's name doesn't appear on the judgment, you can't include them.
If there are separate judgments or final orders, you must lodge separate bankruptcy notices for each person.
Can I request a bankruptcy notice for an overseas debt?
Yes, however you must register the judgment or order in an Australian court.
- We may ask for details to confirm this registration.
- The creditor must be in a position to serve the notice within 6 months.
- If the judgment/order is in a foreign currency you must convert it to Australian currency. To do this you need to source the current telegraphic transfer rate from a banking institution. You must do this within 2 working days prior to submitting your application.
Is a bankruptcy notice effective if the person that owes money lives overseas?
Yes, as long as it satisfies the necessary bankruptcy notice requirements. Please seek legal assistance for further advice.