Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for filing and prosecuting a Creditor's Petition in Australia. Designed explicitly for litigation and insolvency lawyers, this guide covers Federal Court Form 12 petitions and sequestration hearings. Additional forms are accessible via the Australia Government Portal.
Jurisdiction: This guide applies to petitions filed in the Federal Court of Australia or (FCFCOA).
Governing Legislation: Bankruptcy Act 1966 (Cth) - s 43 (making of sequestration order), s 44 (conditions), s 47 (hearing). Federal Court Rules 2011, Division 4.2.
Filing Fees: Creditor's Petition (Form 12): $920. NPII Search: $23 per search. Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Critical Deadline: Creditor's Petition MUST be filed within 6 months of the Act of Bankruptcy. This deadline is strictly enforced and non-extendable. Additional procedural resources can be found on the Australia Government Portal and the Federal Register of Legislation.
Process at a Glance: Following a debtor's failure to comply with a bankruptcy notice, the Creditor must file a Creditor's Petition (Form 12, $920) within 6 months. The workflow covers drafting Form 12, conducting NPII searches, effecting personal service at least 5 business days before hearing, filing updated affidavits of debt, and securing a Sequestration Order from the Court. Practitioners should check the official Australia Government Portal and Federal Register of Legislation for regular procedure updates.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Personal Bankruptcy (Creditor) - Creditor's Petition (Acts of Bankruptcy) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for COMMERCIAL_LAW cases, outlining the standard RESTRUCTURING process. Utilize these tracking templates to manage your legal cases efficiently.
Draft the Creditor's Petition and collate supporting affidavits.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
The petition must specifically plead the act of bankruptcy under s 40(1)(g) - non-compliance with a bankruptcy notice within the 21-day period.
NPII search ($23) must be conducted to verify no prior bankruptcy or Part IX/X arrangement is in effect.
File the Petition and receive a hearing date from the Court.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Personally serve the Petition and hearing notice on the debtor.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Creditor's Petition filing fee: $920 (Form 12).
The 6-month deadline from the act of bankruptcy is an absolute bar - s 44(1)(b) Bankruptcy Act 1966. No extension is possible once expired.
If multiple acts of bankruptcy exist, the petition may rely on any act within the 6-month window.
Service must be at least 5 business days before the hearing date - failure to meet this deadline may result in adjournment and cost consequences.