Federal Court of Australia
Big Chief Hire Pty Ltd v Dallwitz, in the matter of Dallwitz [2026] FCA 789
File number(s): | SAD 268 of 2025 |
Judgment of: | O'SULLIVAN J |
Date of judgment: | 20 May 2026 |
Date of publication of reasons: | 23 June 2026 |
Catchwords: | BANKRUPTCY — application for review of decision of a Registrar pursuant to s 35A of the Federal Court of Australia Act 1976 (Cth) and r 2.02 of the Federal Court (Bankruptcy) Rules 2016 (Cth) to dismiss a petition of creditors — where debtor failed to comply with bankruptcy notice — where other matters required under s 52 of the Bankruptcy Act 1966 (Cth) are satisfied — sequestration order made |
Legislation: | Bankruptcy Act 1966 (Cth), s 52 |
Division: | General Division |
Registry: | South Australia |
National Practice Area: | Commercial and Corporations |
Sub-area: | General and Personal Insolvency |
Number of paragraphs: | 6 |
Date of hearing: | 19 June 2026 |
Counsel for the Applicant: | Ms M Mackie |
Solicitor for the Applicant: | Mellor Olsson |
Counsel for the Respondent: | Mr J Dallwitz appearing in person |
ORDERS
SAD 268 of 2025 | ||
IN THE MATTER OF JORDAN DALLWITZ | ||
BETWEEN: | BIG CHIEF HIRE PTY LTD ACN 132 980 431 Applicant | |
AND: | JORDAN DALLWITZ Respondent | |
order made by: | O'SULLIVAN J |
DATE OF ORDER: | 20 MAY 2026 |
THE COURT NOTES THAT:
A. The date of the act of bankruptcy is 22 September 2025.
B. Consent to act as trustee signed by Matthew Ormsby and Alan Geoffrey Scott has been served.
THE COURT ORDERS THAT:
1. The day of the bankruptcy referred to at paragraph 4 of the creditor’s petition dated 27 October 2025 be amended to 22 September 2025 with the requirement to file an amended and reverified copy of the petition being dispensed with.
2. A sequestration order be made against the Estate of the respondent debtor.
3. The applicant’s creditors’ costs, including any reserved costs, be fixed at SIXTEEN THOUSAND, ONE HUNDRED AND SIXTY DOLLARS ($16,160) and paid from the Estate of the respondent debtor in accordance with the Bankruptcy Act 1966 (Cth).
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
O’SULLIVAN J:
1 This is an application for a review of a Registrar’s decision made 17 March 2026, at which time the Registrar dismissed a creditor’s petition which was presented on 3 December 2025.
2 Having read the affidavit material on file, I am satisfied that the debtor failed to comply with a bankruptcy notice served upon him on 31 August 2025. The act of bankruptcy alleged in the petition is that the respondent failed to comply with the terms of the notice by 21 September 2025.
3 The date of 21 September 2025 is a Sunday, so the relevant date for the act of bankruptcy is 22 September 2025. Ms McGarrigan filed an affidavit sworn 7 November 2025 in which she verified the contents of the petition and deposed that the respondent has not complied with the bankruptcy notice within 21 days. That being the case, the act of bankruptcy is 22 September and not 21 September 2025.
4 To the extent necessary, I grant leave to the applicant to amend the date of the act of bankruptcy relied upon in the petition. I am satisfied as to the proof of the other matters required by s 52 of the Bankruptcy Act 1966 (Cth).
5 There will be an order that the date of the bankruptcy referred to in paragraph 4 of the petition be amended to 22 September 2025, with a requirement to file an amended and re-verified copy of the petition being dispensed with.
6 In the circumstances, I make a sequestration order against the estate of Jordan Leigh Dallwitz.
I certify that the preceding six (6) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice O'Sullivan. |
Associate:
Dated: 23 June 2026
