Bankruptcy (Eligible Judges) Declaration 2026

Overview

The Bankruptcy (Eligible Judges) Declaration 2026 was enacted to address the need for specific judges to be designated as eligible to preside over bankruptcy cases under the Bankruptcy Act 1966. This declaration, made by Dr. Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, outlines the judges who are eligible to hear bankruptcy matters. It was introduced under the authority of the Bankruptcy Act 1966 and is designed to streamline the judicial process by clearly identifying which judges have the requisite consent and eligibility to handle such cases. The policy objective is to ensure that bankruptcy cases are managed efficiently by experienced and qualified judges, thereby maintaining the integrity and effectiveness of the bankruptcy system.

Scope and Application

The Bankruptcy (Eligible Judges) Declaration 2026I applies to specific judges within the Federal Court of Australia and the Federal Circuit and Family Court of Australia who are eligible to preside over bankruptcy cases under the Bankruptcy Act 1966. This eligibility is contingent upon these judges having provided their consent under subsection 129A(1) of the Act. The declaration identifies a comprehensive list of judges from both courts who meet the eligibility criteria and whose consent is in force, making them eligible judges for the purposes of the Act. This legislation operates on a national level, affecting the entire Commonwealth of Australia by determining which judges can handle bankruptcy cases within the specified courts. There are no stated exclusions or exemptions within the text, and the scope is limited to judges listed and their consent status. The application of this declaration can be extended or modified through subordinate instruments made under the authority of the Bankruptcy Act 1966.

Key Provisions

The Bankruptcy (Eligible Judges) Declaration 2026I (sections 1 to 6) outlines the judges eligible to hear bankruptcy cases under the Bankruptcy Act 1966. Specifically, Part 2 of the instrument (section 5) declares a list of judges from the Federal Court of Australia, Federal Circuit and Family Court of Australia (Division 1), and Federal Circuit and Family Court of Australia (Division 2) as eligible judges. These judges must have their consent in force under section 129A(1) of the Act to be eligible. Part 3 (section 6) revokes all earlier declarations made under section 129A of the Bankruptcy Act 1966 that were in force before the commencement of this instrument. The obligations and requirements imposed by the Act on the parties it governs primarily concern the eligibility and consent of the judges listed. Judges must have their consent in force under section 129A(1) of the Act to be considered eligible to hear bankruptcy cases. This consent is a critical requirement for any judge listed in Part 2 of the instrument to perform their duties under the Bankruptcy Act 1966. The legislation also specifies the consequences for non-compliance. While the Bankruptcy (Eligible Judges) Declaration 2026I itself does not explicitly outline specific offences, penalties, or consequences for breach, it operates within the broader framework of the Bankruptcy Act 1966. Any breach of the requirements set out in the Act could potentially lead to legal consequences, including the possibility of judicial review or other civil or criminal penalties as stipulated in the Bankruptcy Act 1966. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions.