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.
| 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 |
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) |
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 |
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 | 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 | 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 | 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 | 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 | 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)
| 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 | 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)
| 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 | 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 | 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 | 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 | 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 | Upon trustee deciding to withdraw objection | Registry | N | N | 149H 149J | |
| Lodgment: Outcome of ART review of Inspector-General’s decision regarding an objection | Within 7 days of being notified of the decision of the ART | Registry | N | N | Section 46 of the Bankruptcy Regulations 2021 | |
| Lodgment: Certificate of annulment | Within 2 days of payment of all debts | Registry | N | 5 | 153A | |
| Lodgment: Court ordered annulment | Within 2 days of becoming aware of the order | Registry | N | 5 | 153B | |
| Lodgment: Trustee consent to act | 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) |
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 | 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 | 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 | Within 7 working days of resolution being passed | Registry | N | N | 204 Section 62 of the Bankruptcy Regulations 2021 | |
| Lodgment: Consent of PIA trustee | As soon as practicable after the resolution is passed | Registry | N | N | 215A(1A) | |
| Lodgment: Execution of PIA | Within 2 days after the date of execution of PIA | Registry | N | 5 | 218 | |
| Lodgment: Termination, variation or setting aside PIA | 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 | 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 | Within 2 days from the date of last payment | Registry | N | 5 | 252A(2) | |
| Lodgment: Payment of unclaimed dividend | 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 | 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 | 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 | 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)
| 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 |
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)
| 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 |
Upon the Inspector-General making a decision on the review application | Registry | N | N | 149P | |
| Lodgment: Court ordered annulment |
Within 2 days of becoming aware of the order | Registry | N | 5 | 153B | |
| Lodgment: Court order terminating debt agreement |
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 |
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 |
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] B [individual or POMR] |
No time limit | Inspector -General | Y | N | 186B 186C |
| Lodgment: Petition presented to court by creditor or administrator of deceased estate |
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 |
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 | 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 | 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)