Insolvency Practitioners’ involvement in Family Law Matters

5/11/2025

Guest Contributor

• His Honour Judge Peter Fary, Federal Circuit and Family Court of Australia (Division 2)

Based on his presentation at the 2025 Vic/Tas Division Conference, Judge Peter Fary's article offers insolvency practitioners critical insights into navigating Family Law matters within the Federal Circuit and Family Court of Australia. It details the Court's jurisdiction, differentiating between Divisions 1 and 2, and outlines essential practice and procedural considerations including joinder, disclosure, and publication rules. The piece further clarifies the distinct roles and challenges faced by bankruptcy trustees, liquidators, and receivers, emphasising the need for vigilance to protect creditor interests amidst property settlement and corporate insolvency proceedings.

Insolvency practitioners increasingly find themselves drawn into the complex landscape of Family Law proceedings, a domain traditionally separate from their commercial and insolvency expertise. The confluence of family law, bankruptcy, and corporate insolvency legislation presents unique challenges and opportunities for practitioners.

This article, based on recent legal insights, aims to highlight practical considerations for insolvency professionals operating within the Federal Circuit and Family Court of Australia (FCFCOA), whether in Division One or Division Two. Understanding the nuanced interplay of substantive law and procedural requirements is crucial for effectively representing creditors' interests and navigating these often protracted and costly proceedings.

Read the full article (Members only).