Bankruptcy
12. Bankruptcy and Travel
Firm / Chambers:
Last updated: 23 Jun 2015
- You are not able to leave Australia without obtaining your trustee’s written consent and you may be asked to hand over your passport to your trustee.
- If you wish to leave Australia you will need to make a written request to your trustee setting out such information as:
- why you wish to leave Australia;
- where and what countries you intend to visit;
- when you intend to leave and return to Australia;
- who is financing the trip and how much the trip will cost;
- your contact details while you are overseas and how your trustee can contact you; and
- how much you are currently earning and how you intend to make income contribution payments while overseas.
- You will need to satisfy your trustee that there are genuine reasons for your proposed travel such as it is necessary for work.
- Your trustee may give you permission to travel on certain conditions.
- Your trustee may also refuse permission to travel for example where you have not fulfilled all of your legal obligations or where the trustee has not completed their investigations.
- If you disagree with the decision of your trustee and you cannot reach a resolution with them you can apply to the Federal Court or Federal Circuit Court for review. You should seek legal advice if you are considering this. You can use our free Find a Lawyer directory to contact a lawyer near you.
- It is an offence to leave or try to leave Australia without first obtaining your trustee’s written permission. This is punishable by up to three years of imprisonment.
- Meanwhile breaching a condition of travel imposed by your trustee is also an offence punishable by up to 12 months imprisonment.
- If you travel overseas without your trustee’s permission or breach one of your trustee’s conditions of travel your trustee may object to your discharge and extend your bankruptcy.
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