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The material contained on this page is made available for the purpose of providing access to information by the clients of the Australian Financial Security Authority (AFSA) for reference our site contains the following disclaimer.
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Subject Matter A-Z |
Formal Guidance |
Other Guidance on AFSA website |
AFSA Form |
Legislation (Bankruptcy Act 1966 unless otherwise stated) |
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Advertising and promotional activities of personal insolvency practitioners |
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Bankruptcy (Registered Debt Agreement Administrator Conditions) Determination 2020 |
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Advertising meetings of creditors under section 73 & Part X |
Sections 75-40 & 75-175-180 Insolvency Practice Rules (Bankruptcy) 2016 |
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Annual administration returns (AARs) |
Section 70-5 Schedule 2 |
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Annual Trustee Return |
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Section 30-1 of Schedule 2 |
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Bankruptcy - how it ends |
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End of bankruptcy confirmation – where trustee is Official Trustee |
Section 149(4) Section 74 Section 152 Section 153A |
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Bankruptcy - voluntary |
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Section 55 Section 56B Section 57 |
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Bankruptcy by creditor action - sequestration order |
Section 43 Section 52 Section 54 |
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Bankruptcy notice - applying for one |
Section 41 Regs 8-12 Bankruptcy Regulations 2021 |
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Bankruptcy Regulations 2021 |
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Choses in action |
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Section 58 Section 116 Section 100-5 of Schedule 2 |
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Communication by practitioners |
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Section 42-15 Insolvency Practice Rules (Bankruptcy) 2016 |
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Complaints against practitioners and debtors |
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Composition |
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Notification to AFSA of Meeting Notice of variation, termination, completion or setting aside |
Section 73 Section 74A Section 75 Section 76 Section 76B Sections 75-40, 75-60 & 75-175-180 Insolvency Practice Rules (Bankruptcy) 2016 |
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Controlling trustees' roles and duties |
Section 190 Section 190A Reg 49 Reg 59 Reg 62 Reg 63 Reg 75 |
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Debt Agreement - expenses recoverable |
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Section 185LA |
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Debt agreement administrator guide to proper accounts |
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Section 185LE |
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Debt agreement administrators' guidelines to certification requirements |
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Section 185C |
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Debt agreements |
Section 185C Part 9 of the Bankruptcy Regulations 2021 Regulation 54 |
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Debt agreements - 3-month arrears default |
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Section 185LB |
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Debt agreements - 6-month arrears default |
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Section 185LC Section 185QA |
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Debts in bankruptcy |
Section 82 Section 109 |
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Deceased persons – bankruptcy |
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Disciplinary action against debt agreement administrators |
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Section 186K Section 186L |
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Disciplinary action against trustees |
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Section 40-40 of Schedule 2 Section 40-1 Insolvency Practices Rules (Bankruptcy) 2016 |
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Duties of a bankruptcy trustee |
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Section 19 Division 42 Insolvency Practices Rules (Bankruptcy) 2016 |
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Fees & charges of AFSA |
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Bankruptcy (Fees & Remuneration) Determination 2015 Part XV commencing section 278 Bankruptcy (Estate Charges) Act 1997 Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015 Part 15 of the Bankruptcy Regulations 2021 commencing Reg 97 |
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Filing Requirements for practitioners, debtors & creditors |
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Section 277B |
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Fit & proper requirements for personal insolvency practitioners |
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Paragraph 186C(2)(g) Section 40-40(1)(n) Schedule 2 |
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Funds handling and keeping records - trustees |
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Division 65 of Schedule 2 Division 65 of the Insolvency Practice Rules (Bankruptcy) 2016 |
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Income contributions |
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Supervised Account Determination Supervised account regime attachment Revocation of supervised account regime attachment |
Division 4B Part 6 Division 6, 7 & 8 of the Bankruptcy Regulations 2021 |
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Independence of practitioners |
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Section 42-20 Insolvency Practice Rules (Bankruptcy) 2016 Sections 60-20 & 60-21 of Schedule 2 |
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Infringement notices |
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Section 277B Part 14 Division 2 Bankruptcy Regulations 2021 commencing Reg 89 |
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Inspecting documents filed with the Official Receiver |
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Section 54 Section 55 Section 56G Section 57 Section 185EB Section 185MB Section 185PB Section 188B Section 226 |
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Meetings of Creditors (see also Compositions) |
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Notice of proposal to creditors without a meeting
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Division 75 Schedule 2 Division 75 Insolvency Practice Rules (Bankruptcy) 2016
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Monitoring and inspection of bankruptcy trustees and debt agreement administrators |
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Section 12 Section 19B |
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National Personal Insolvency Index |
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Part 13 of the Bankruptcy Regulations 2021 |
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Objections to discharge from bankruptcy |
Subdivision B of Division 2 of Part VII commencing s.149B Part 7 of the Bankruptcy Regulations 2021 |
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Offences against the Bankruptcy Act 1966 |
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Official Receiver notices |
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Personal insolvency agreement |
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Notice of variation, termination, completion or setting aside |
Part X commencing s.187 Part 10 of the Bankruptcy Regulations 2021 |
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Property in bankruptcy |
Section 58 Section 116 Divisions 3-5 of Part VI Reg 113 |
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Realisations and interest charge |
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Part XV commencing section 278 Bankruptcy (Estate Charges) Act 1997 Bankruptcy (Estate Charges) (Amount of Charge Payable) Determination 2015 Part 15 of the Bankruptcy Regulation 2021 commencing Reg 97 |
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Registration of debt agreement administrators |
Section 186B Section 186C Section 186D Part 9 |
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Registration of trustees |
Application by trustee to Inspector-General to cancel or suspend registration |
Division 20 of Schedule 2 Division 20 Insolvency Practices Rules (Bankruptcy) 2016 |
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Remuneration & costs of trustees - review |
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Subdivisions A & B of Division 90 |
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Remuneration entitlements of a registered bankruptcy trustee |
Division 60 of Schedule 2 |
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Remuneration notifications by trustees |
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Sections 70-35 – 70-47 |
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Remuneration of Trustees - approval by the Inspector-General in Bankruptcy |
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Part 3 Division 60 |
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Reviews of trustees' decisions by the Inspector-General in Bankruptcy |
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Sections 139T(12) 139ZA 139ZIO 149K Regulation 46 Subdivisions A & B of Division 90 |
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Section 50 interim control orders |
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Section 50 Regulation 14-17 |
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Secured creditors in a Part IX debt agreement |
ORPS11 |
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Section 185XA |
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Temporary Debt Protection |
Part IV Division 2A Commencing s. 54A |
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Travel overseas - requesting consent (only if trustee is the Official Trustee) |
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Section 272 |
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Unclaimed moneys – paying & claiming |
Unclaimed Monies Claim |
Section 254 Reg 72 |
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Void transactions in bankruptcy |
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Reg 31 |