Notices to practitioners issued
by the Vic District Registrar
Corporations
Jurisdiction Matters
Form 15 July 2001 matters under the
Corporations Act 2001
and the Australian Securities
and Investments Commission Act 2001 will again
be heard and determined by the Federal Court of Australia.
Listing arrangements
In order to facilitate the corporations
jurisdiction the Court has established special listing
arrangements. There will be a registrar's corporations
list at 2.15 pm on Tuesdays and a judge's corporations
list at 0.30 am on Fridays. The judge's list will be conducted
by Merkel J, Goldberg J or Finkelstein J (convenor of
the Corporations Panel).
In the first instance all applications
under the Corporations Act
2001 and Australian
Securities and Ivnestments Commission Act 2001
that are able to be heard by a registrar are to be made
returnable in the registrar's Tuesday list. All other
matters are to be made returnable in the judge's Friday
list. If a matter returnable in that list cannot be heard
expeditiously, the judge may give directions and arrange
for the matter to be docketed to a judge on the Corporations
Panel.
The registrar's Tuesday list will deal
with the following types of applications:
winding up under section 459P and
461;
setting aside a statutory demand;
appointment of a provisional liquidator;
all other matters that registrars
have power to hear.
Registrars have power to deal with
the matters set out in Schedule 2 of the Federal Court
(Corporations) Rules 2000. Where appropriate the registrar
will refer matters to the judge's Friday list.
Urgent applications
Contact should be made with the list
manager on (03) 8600 3511 or the duty registrar on (03)
8600 3333 to arrange for a hearing on a day other than
a Tuesday or Friday of any urgent matter.
Rules governing Corporations and
ASIC matters
The rules governing Corporations and
ASIC matters are now contained in a separate chapter of
the Federal Court Rules, the Federal Court (Corporations)
Rules 2000 (Statutory Rule No. 359 of 1999 as amended
by Statutory Rules No. 333 of 2000 and No. 127 of 2001).
