The Australian Financial Security Authority (AFSA) welcomes the High Court of Australia's decision to refuse an application by Gold Coast lawyer Beau Hartnett for special leave to appeal in the matter of Hartnett v Inspector-General in Bankruptcy & Ors (B6/2026) [2026] HCADisp 80.
The Court refused Mr Hartnett's application on the basis that it had insufficient prospects of success. The Court also found that granting special leave would not be in the interests of the administration of justice, either generally or in this case.
Inspector‑General in Bankruptcy and AFSA Chief Executive Tim Beresford said the decision reinforces the importance of integrity and accountability within Australia's personal insolvency system.
"The original Federal Court proceedings found that Mr Hartnett had abused the processes under the Bankruptcy Act to avoid both bankruptcy and an obligation to pay a debt to a genuine creditor," Mr Beresford said.
"The High Court's refusal to consider an appeal sends a clear message to all participants that the Inspector-General has power to apply to the courts to set aside personal insolvency agreements (PIA) even in circumstances where the PIA has been completed.
"AFSA will continue to act where we suspect deliberate misuse of the system. This includes investigating and taking strong enforcement action in cases involving attempts to manipulate personal insolvency agreements to inappropriately protect personal wealth."
Visit our Newsroom for more background on Hartnett v Inspector-General in Bankruptcy & Ors:
- Full Federal Court decision in Hartnett appeal, affirms Inspector-General in Bankruptcy oversight
- Federal Court decision in Inspector-General in Bankruptcy v Hartnett
- Federal court hears application to set aside personal insolvency agreement in Hartnett matter
- Public Statement - federal court application filed in Hartnett matter
- AFSA statement regarding Beau Timothy John Hartnett.
The High Court decision is available for download from the High Court website.
