Filing requirements

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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 by selecting your user type and reviewing 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.
Owed Money
Application or Lodgment Type Preferred method of lodgment Timeframe for making application or lodging document Lodge with Lodgment/ application fee Late penalty units (1) Legislative Reference
Application: Issue of a bankruptcy notice 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

Section 41 of Bankruptcy Act

Section 8 and 9 of the Bankruptcy Regulations 2021

Application: Extension of time for bankruptcy notice 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
Application: Amendment of bankruptcy notice 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  
Lodgment: Sequestration order 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)
Lodgment: Creditor’s petition (including orders dismissing, staying, extending or adjourning the creditors petition) 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
Lodgment: Section 50 interim control order Email

Within 2 business 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 Section 14 of the Bankruptcy Regulations 2021
Application: Request to call meeting Email No time limit - upon requisition by a creditor Registry N N 159
Lodgment: Statement of claim and voting 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)
Application: Proposal to vary debt agreement and explanatory statement Online Services Refer Official Receiver Practice Statement 11 - Debt agreements. DAT N N 185M(1) 185M(1B) 185M (1DB)
Lodgment: Voting on proposal to vary debt agreement 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)
Application: Proposal to terminate debt agreement and explanatory statement Online Services Refer Official Receiver Practice Statement 11 - Debt agreements. DAT N N 185P(1) 185P(1B)
Lodgment: Voting on proposal to terminate debt agreement 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)
Lodgment: Notification of presentation of creditor’s petition against debtor required by special resolution to enter a PIA Email As soon as practicable after creditor’s petition presented Registry N N 206(2)
Lodgment: Court order estate to be administered under Part XI - on application of creditor

Email

Post

Within 2 days of the order being made Registry N 5 244(14) 245(3)
Lodgment: Petition presented to court by creditor or administrator of deceased estate Email Within 2 working days of the order being made Registry N 5 Section 75(6) of the Bankruptcy Regulations 2021 244(11)
Application: Review of trustee remuneration by Inspector-General 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)
Lodgment: Removal or appointment of trustee, or reappointment of removed trustee 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) 

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)

Currently bankrupt or in an agreement
Application or Lodgment Type Preferred method of lodgment Timeframe for making application or lodging document Lodge with Lodgment/ application fee Late penalty units (1) Legislative Reference
Lodgment: Statement of Affairs where a sequestration order has been made Online Services 

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

Within 28 days of debtor signing the form.

Refer Official Receiver Practice Statement 1 - Temporary debt protection.

Registry N N 54A
Application: Bankruptcy Form Online Services Refer Official Receiver Practice Statement 2 - Bankruptcy by debtor’s petition. Registry N N 55 56B 57
Application: Request for review of contribution assessment or hardship determination 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)
Application: Request for review of supervised account regime Email Within 60 days after the date that the bankrupt is notified of the trustee’s decision Inspector -General N N 139ZIO(3)
Application: Request for review of notice of objection Online form Within 60 days after the date that the bankrupt is notified of the trustee’s decision Inspector -General N N 149K
Application: Debt agreement proposal and explanatory statement, administrator’s certificate and Statement of Affairs 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)
Application: Proposal to vary debt agreement and explanatory statement Online Services Refer Official Receiver Practice Statement 11 - Debt agreements. DAT N N 185M(1) 185M(1B) 185M (1DB)
Application: Proposal to terminate debt agreement and explanatory statement Online Services Refer Official Receiver Practice Statement 11 - Debt agreements. DAT N N 185P(1) 185P(1B)
Application: Review of trustee remuneration by Inspector-General 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)

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)

Registered Trustee

Application or Lodgment Type

Preferred method of lodgment

Timeframe for making application or lodging document

Lodge with

Lodgment/ application fee

Late penalty units (1)

Legislative Reference

Lodgment: Composition proposal from a debtor

Email

Within 2 business days of receiving the proposal

Registry

N

1

73(1A)

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

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

Lodgment: Annulment on acceptance of a composition proposal

Email

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

Registry

N

5

74(5A)

Application: Request to exercise OR powers

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

Application: Request to issue certificate evidencing charge

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

Lodgment: Objection to discharge from bankruptcy

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

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

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

Lodgment: Cease or withdraw objection to discharge

Email

Upon trustee deciding to withdraw objection

Registry

N

N

149H 149J

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

Email

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

Registry

N

N

Section 46 of the Bankruptcy Regulations 2021

Lodgment: Certificate of annulment

Email

Within 2 days of payment of all debts

Registry

N

5

153A

Lodgment: Court ordered annulment

Email

Within 2 days of becoming aware of the order

Registry

N

5

153B

Lodgment: Trustee consent to act

Email

In the case of a sequestration order, when the creditor’s petition is filed (or any time BEFORE the day on which the sequestration order is made); in the case of a debtor’s petition, when the Bankruptcy Form is filed.

Registry

N

N

 

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

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

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

Email

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

Registry

N

N

189A 189B

Lodgment: Notification where control period ends

Email

Within 7 days after trustee becomes aware control period has ended

Registry

N

N

189(1B)

Lodgment: Special resolution at creditors’ meeting to consider PIA

Email

Within 7 working days of resolution being passed

Registry

N

N

204 Section 62 of the Bankruptcy Regulations 2021

Lodgment: Consent of PIA trustee

Email

As soon as practicable after the resolution is passed

Registry

N

N

215A(1A)

Lodgment: Execution of PIA

Email

Within 2 days after the date of execution of PIA

Registry

N

5

218

Lodgment: Termination, variation or setting aside PIA

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

Lodgment: Certificate on completion of terms of PIA

Email

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

Registry

N

N

Section 70 of the Bankruptcy Regulations 2021

Lodgment: Certificate of annulment of bankruptcy

Email

Within 2 days from the date of last payment

Registry

N

5

252A(2)

Lodgment: Payment of unclaimed dividend

Email

 

Registry

N

N

254(2)

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

Online form

No time limit

Inspector -General

N

N

20-40 of Sch 2  

Application: Renewal of registration of trustee

Online form

Before the trustee’s registration expires

Inspector -General

Y

N

20-70 of Sch 2

Lodgment: Annual trustee return

Online portal

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

Inspector -General

N

5

30-1 of Sch 2

Lodgment: Notice by registered trustee of significant events

Online portal

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

Lodgment: Notice by registered trustee of other events

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

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

Online form

No time limit

Inspector -General

N

N

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

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

Online form

No time limit

Inspector -General

N

N

40-70 of Sch 2

Application: Determination of remuneration by Inspector-General

Online form

No time limit

Inspector -General

N

N

60-11 of Sch 2

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

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)

Lodgment: RT/CT annual administration return

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

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

Online form

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

Inspector -General

Y

N

75-40 of Sch 2

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

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) 

Lodgment: Finalisation of administration

Online

Within 5 working days of finalising the administration

Registry

N

1

Section 53 of the Bankruptcy Regulations 2021

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

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

Lodgment: Statement regarding payment of unclaimed money

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)

Registered Debt Agreement Administrator
Application or Lodgment Type Preferred method of lodgment Timeframe for making application or lodging document Lodge with Lodgment/ application fee Late penalty units (1) Legislative Reference
Application:
Debt agreement proposal and explanatory statement, administrator’s certificate and Statement of Affairs
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)
Lodgment: Notification of 6-month arrears default Online Services

Within 10 working days of occurrence of default.

Refer Official Receiver Practice Statement 11 - Debt agreements.

DAT N N 185LC(1)
Lodgment:
DAA annual administration
return
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)
Lodgment:
Notification of obligations discharged
Online Services

Within 5 working days of end of agreement.

Refer Official Receiver Practice Statement 11 - Debt agreements.

DAT N N 185N(5)
Application:
Renewal of registration as a registered debt agreement administrator
Online form Before the end of the applicant’s existing registration period Inspector -General Y N 186B 186C
Application:
Change or remove registration conditions on registration of a debt agreement administrator
Online form No time limit Inspector -General N N 186H
Application:
Surrender of registration as a registered debt agreement administrator
Online form No time limit Inspector -General N N 186J
Lodgment:
Return of registered debt agreement administrator registration certificate on cessation of registration
Post Within 7 days of registration ceasing Inspector -General N 5 186N(1) 186N(3) 186N(5) 186N(6A)
Lodgment:
Remittance of interest and realisations charge by registered trustees and administrators
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
Lodgment:
Statement regarding payment of unclaimed money

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)

Other

Application or Lodgment Type

Preferred method of lodgment

Timeframe for making application or lodging document

Lodge with

Lodgment/ application fee

Late penalty units (1)

Legislative Reference

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

Email

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

Registry

N

N

149P

Lodgment:
Court ordered annulment

Email

Within 2 days of becoming aware of the order

Registry

N

5

153B

Lodgment:
Court order terminating debt agreement

Email

Within 3 days after entry of order is stamped.

Refer Bankruptcy Regulations 75 Item 2.

DAT

N

N

185Q

Lodgment:
Court order voiding debt agreement

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

Lodgment:
Notification of death of administrator

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)

Application:
Registration as a debt agreement administrator

A [company]

Online form

B [individual or POMR]

Online form

No time limit

Inspector -General

Y

N

186B 186C

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

Email

Within 2 working days of the order being made

Registry

N

5

Section 75(6) of the Bankruptcy Regulations 2021 244(11)

Lodgment:
Statement of deceased person's affairs

Email

Post

Within 28 days of being notified of the order

Registry

N

25

246(1)

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

Email

Within 2 days of the order being made

Registry

N

5

247(3)

Application: Registration as a trustee

Online form

No time limit

Inspector -General

Y

N

20-5 of Sch 2

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

Online form

No time limit

Inspector -General

N

N

40-100 of Sch 2

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

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) 

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)