The Federal Court of Bankruptcy was an Australian court that was established in 1930, pursuant to Chapter III of the Constitution. The jurisdiction in

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was shared with state courts. (2015) 38(3) Melbourne University Law Review 996 On 1 February 1977 the bankruptcy jurisdiction was transferred to the newly established

Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...

. (2007) 31(3) Melbourne University Law Review 1017. No new cases could commence in the Federal Court of Bankruptcy after 1 February 1977, however the Court was not formally abolished until 1995, after the last judge,

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retired.

History

Section 51 of the Constitution states:

The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: :(xvii) bankruptcy and insolvency; Legislative powers of the Parliament.

The first Commonwealth ''Bankruptcy Act'' was not passed until 1924. The bankruptcy jurisdiction was exercised by state courts. In proposing the establishment of the Federal Court of Bankruptcy, the

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, Frank Brennan, said that it was necessary because the number of bankruptcy cases had been increasing due to the

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and the 1929 decision of the High Court, which held that the arrangement in relation to registrars in bankruptcy was invalid. The federal court would have one judge and it was anticipated that judge would sit primarily in Sydney and Melbourne as they were the courts with the highest case load. When the court was established it was constituted by a single judge,

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. When he was ill the Chief Judge of the

Commonwealth Court of Conciliation and Arbitration The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of in ...

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, was appointed to the court to deal with any urgent matters. The court remained constituted by a single judge until 1973 when a second judge was appointed. The court rarely sat outside of Sydney and Melbourne. Any appeal was directly to the High Court. (2004) 30(1) Monash University Law Review 1. The establishment of a Federal Court was proposed in 1967, however it was not until 1977 that the Federal Court was established, incorporating the jurisdiction of the

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and the Federal Bankruptcy Court. Both judges of the Federal Bankruptcy Court were appointed to the new Federal Court. The Federal Bankruptcy Court, despite having no jurisdiction or cases, continued in existence until the last judge had retired in 1995.

List of judges

References

{{reflist, refs= Australian superior courts Former Commonwealth of Australia courts and tribunals 1930 establishments in Australia 1995 disestablishments in Australia Courts and tribunals established in 1930 Courts and tribunals disestablished in 1995