This Notice sets out the Listing and Registry arrangements for Bankruptcy Matters within the Sydney Registry of the Federal Circuit Court from January 2015.

BANKRUPTCY LISTINGS

Bankruptcy matters will be listed before Registrar s at Law Courts Building, Queens Square Sydney as follows:

Day

Time

Location

Usual Matter listed

Monday

11:00am

Law Courts Building Queens Square

  1. Applications outside a Registrars' power
  2. Creditors petitions

Tuesday

11:00am
2:00pm

Law Courts Building Queens Square

  1. Applications to set aside bankruptcy notices at 11.00am
  2. Creditor's petitions at 2.00pm

Wednesday

2:00pm

Law Courts Building Queens Square

Creditor’s petitions

Thursday

11:00pm

Law Courts Building Queens Square

Creditor’s petitions / Contested Petitions

Friday

2:00pm

Law Courts Building Queens Square

Creditor’s petitions

Monday - Thursday

4:00pm
(Nominally)

eCourtroom

Applications for Substituted Service

LISTING OF PETITIONS GENERALLY AND SET ASIDE BANKRUPTCY NOTICE APPLICATIONS

All Creditor's Petition matters will be listed in a Registrar's Bankruptcy List at 11.00am on Mondays and Thursdays and at 2.00pm on Tuesdays, Wednesdays, or Fridays, at the Law Courts Building in Queens Square.

Applications to set aside bankruptcy notices will be listed in the Registrar's Tuesday Bankruptcy List at 11.00am at the Law Courts Building in Queens Square.

LISTING OF OPPOSED PETITIONS & BANKRUPTCY NOTICE APPLICATIONS BEFORE REGISTRARS

The Registrar will hear contested matters that are within the Registrar's delegation and are considered appropriate to be dealt with in the Registrar's Bankruptcy List.

Opposed Creditor's Petitions where a Notice of Objection has been filed may be listed and heard by a Registrar presiding in the Thursday Bankruptcy List (at 11.00am).  Contested Applications to set aside Bankruptcy Notices will be heard by a Registrar presiding in the Tuesday Bankruptcy List at a revised time of 11.00am.

Matters that the Registrar does not consider appropriate to be dealt with by a Registrar or where a party requests that the matter be determined by a Judge (see s104(4) of the Federal Circuit Court of Australia Act 1999), will be referred to the docket of the next judge on rotation. 

LISTING REGISTRAR REFERRALS BEFORE A JUDGE

Opposed Creditor's Petitions, Applications to Set Aside Bankruptcy Notices and other matters within the Registrar 's delegation that are to be determined by a Judge will be allocated to the docket of the next judge on rotation and initially be case managed by a Registrar . Once all the procedural, timetabling and pre-hearing steps have been completed, the matter will be listed in the directions list of the Docket Judge. If appropriate, the Registry or the Chambers of the Docket Judge may contact the parties to vacate the listing for directions and instead fix a hearing date. 

LISTING OF OTHER JUDGE APPLICATIONS

Applications to Review a Registrar's decision and all other Applications that are outside a Registrar's delegated judicial authority will be listed initially, for case management, in the Registrar's Monday Bankruptcy List at 11.00am at Queens Square. Generally these matters will be allocated to a Judge's docket and listed before that Judge in a directions list after all procedural, timetabling and pre-hearing steps have been taken and the matter is ready for referral to a Judge. In appropriate circumstances, the Chambers of the Docket Judge may contact the parties to vacate the listing for directions and instead fix a hearing date.

URGENT BANKRUPTCY APPLICATIONS

The Duty Judge's role is to deal with those applications that are so urgent that they cannot be satisfactorily accommodated within the ordinary system of filing in the Registry and the rotational allocation of matters to a Docket Judge.

Where an urgent application is to be made in a proceeding already allocated to a particular judge's docket, the parties should make an application to the Docket Judge to deal with the matter on an urgent basis. Only if the Docket Judge is absent or not available to deal with an urgent application in an existing matter should the parties approach the Duty Registrar with a request that the matter be referred to the Duty Judge on roster.

Parties with urgent Judge Applications relating to Bankruptcy must approach the Duty Registrar in the Sydney Registry at Level 17 Law Courts Building Queens Square, initially by phone on 9230 8567. The Duty Registrar will make appropriate arrangements for the matter to be listed before the Duty Judge.

LISTING OF SUBSTITUTED SERVICE APPLICATIONS

Substituted service applications will be listed before a Registrar in eCourtroom at (nominally) 4.00pm on the date listed in the filed application. 

REGISTRY ARRANGEMENTS

Documents in Bankruptcy matters (such as Creditor's Petitions, Applications to Set Aside Bankruptcy Notices, all other Applications, Affidavits and any other documents) will continue to be filed:

  • By eLodgment:  all Bankruptcy matters matter can be commenced electronically via the portal at https://www.elodgment.fedcourt.gov.au. (after registering)
  • In the Registry at Level 17 Law Courts Building, Queens Square Sydney (between 9am and 4.30pm)
  • By fax filing to 9230 8295

Parties and practitioners are encouraged to commence any bankruptcy matter electronically through eLodgment.   

LISTING & ADJOURNMENT INFORMATION

Parties and practitioners must ensure the listing and return information on Creditor's Petitions, applications and any adjournment notifications record the correct time and location for the day upon which a matter is listed. Please check the court list so that practitioners and parties attend the right location.

18th December 2014

Michael Wall
District Registrar (NSW) & Registrar