Important information!
A proportion of Insolvency files are fragile and at the risk of further damage if handled. For this reason we may withhold access to the files in the reading room until they have received attention from our Conservation staff. Files will be checked on a case by case basis as they are requested in the reading room. Unfortunately, if a file requires conservation work, it may not be issued on the day it is requested. Conservation work on the files can take up to three weeks to be completed.
About Insolvency
Insolvency is the inability to pay your debts or meet your expenses. Under early colonial law insolvency was treated as a different concept to bankruptcy. Bankruptcy involved an insolvents assets being administered and distributed to creditors.
The index covers the years 1842-87, surnames A-Z. After we have completed indexing the Insolvency files we intend indexing the bankruptcy records, 1888-1928.
A-H of the index was compiled by Heather Garnsey and Martyn Killion of the Society of Australian Genealogists. We would like thank them for their contribution to this joint initiative.
If you cannot find a name in the Index
If the name of a known insolvent does not appear in the index, researchers are advised to consult the NSW Government Gazette in the relevant timeframe to assist in locating the file reference.
References to files that have been used previously, and which do not appear in the website index, can still be used to retrieve the file.
Accessing the records
The original records are available to view in the reading room at the Western Sydney Records Centre (WSRC).
If you find an entry that you are interested in you can pre-order the record for viewing at the WSRC.
Are copies available from this index?
We do not offer a copy service from this index. Due to the physical size of the files copies can only be ordered in the reading room after viewing the records.
Historical background
The jurisdiction of insolvency was recognised in New South Wales in 1823 with the Act to Provide for the better Administration of Justice in New South Wales. The Act allowed the Supreme Court to examine the affairs of those unable to pay creditors.
The Act did not stop people continuing to be imprisoned for debt. In 1830 the two concepts of insolvency and bankruptcy were combined in the Act for the Relief of Debtors and for an Equal Distribution of their Estates and Effects amongst Creditors.
In 1887 the Bankruptcy jurisdiction of the Supreme Court was established under the Act to amend and consolidate the law relating to insolvency and bankruptcy.
This Act provided clear guidelines on the process from insolvency to bankruptcy. That is, from the inability to meet creditors to the distribution of assets.
From 1888 insolvency records were combined with bankruptcy records.
See Archives in Brief 58 for further details on insolvency records
Definition
Sequestration Order - The order made by the court giving the trustee control of the debtor's property. The date of sequestration is the official date on which the debtor becomes bankrupt.
Record series used to compile the Index
This index was compiled from:
NRS 13656, Supreme Court Insolvency index, 1842-87, Reel 38
It is not a comprehensive listing of the Insolvency files, CGS 13654 [2/8650-10411] and some names may have been omitted from the index.Please fill out the feedback form or advise the reading room staff of any omissions so that the index can be updated.
Feedback
We would appreciate any feedback and suggestions you may have on using the Index.