[2] On 1 February 1977 the bankruptcy jurisdiction was transferred to the newly established Federal Court of Australia.
[8] 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: The first Commonwealth Bankruptcy Act was not passed until 1924.
In proposing the establishment of the Federal Court of Bankruptcy, the Attorney-General, Frank Brennan, said that it was necessary because the number of bankruptcy cases had been increasing due to the Great Depression and the 1929 decision of the High Court,[11] which held that the arrangement in relation to registrars in bankruptcy was invalid.
[12] When the court was established it was constituted by a single judge, Lionel Lukin.
[5] The Federal Bankruptcy Court, despite having no jurisdiction or cases, continued in existence until the last judge had retired in 1995.