Corporations and Corporate Insolvency Sub-area
About this Sub-Area
This Sub-area includes corporations matters and corporate insolvency matters, which are capable of being heard in the Corporations List.
The expression “corporations matters” in this Sub-area includes:
- the appointment or conduct of liquidators
- schemes of arrangement
- shareholder oppression actions
- Australian Securities and Investments Commission actions, such as the approval of director appointments, winding-up of companies, fundraising matters, corporate management and misconduct by company officers
- corporations matters referred to a Judge by a Registrar.
Corporate insolvency matters in this Sub-area include matters such as:
- voidable transactions
- extending of convening periods
- cross-border insolvency.
Each registry has a Corporations List and dedicated Corporations Judges. Corporations Lists in each Registry operate consistently in accordance with the National Court Framework principles for corporations matters and according to the workflow and needs of the particular Registry.
Corporations List matters will generally be heard within 2–5 weeks from the date of filing (depending on the needs of the parties and the character of the matter).
Further information about the operation of the Corporations Lists is detailed in Schedule 1 of the Commercial and Corporations Practice Note.
Registrars of the Federal Court have delegated jurisdiction to hear and determine a number of corporations matters including:
- winding-up applications
- applications to set aside a statutory demand
- reinstatement applications
- applications for termination of winding-up orders
- applications to fix external administrator’s remuneration under the Corporations Act 2001 (Cth) (Corporations Act)
- examinations pursuant to s 596A and 596B of the Corporations Act.
A Guide for Practitioners and Parties in Corporations Matters listed before a Registrar has been prepared to assist litigants who intend to apply to the Court for such corporations matters.
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:
|NPA Practice Note:|| |
NOTE: refer also to Schedule 1 of the practice note – Corporations and Corporate Insolvency Sub-area.
Other general practice notes and Court developed guides which may be relevant to this Sub-area include:
|General Practice Notes:|
Forms, Rules & Fees
Filing fees for commencing a proceeding in this Sub-area may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available in Forms, Fees & Costs or from the Registry.
The general procedure for the conduct of matters in this Sub-area is set out in the Federal Court (Corporations) Rules 2000 (Corporations Rules). As the Corporations Rules do not provide a comprehensive code, the Federal Court Rules 2011 (Cth) (Rules) also apply except to the extent of any inconsistency.
In corporations matters, the applicant is known as the “Plaintiff” and the respondent as the “Defendant”.
A person may commence a corporations matter in this Sub-area by filing:
Parties should consider whether it is necessary to file a Genuine steps statement (Form 16) in certain proceedings in this NPA - see r 8.02 of the Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).
Applications under s459P of the Corporations Act for a winding-up order on the ground of insolvency are commenced by filing:
- 18 Feb 2019:
Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 6)  FCA 132
COSTS - costs in relation to unsuccessful interlocutory application - whether indemnity costs appropriate - whether costs payable forthwith
Judge: Moshinsky J
- 13 Feb 2019:
White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 7)  FCA 113
COSTS - application for costs by interested persons heard on application for directions by administrators - whether interested persons entitled to costs - where directions concerned a purported equitable lien over property of interested persons - where interested persons granted leave to be heard to oppose directions - where directions sought were …
Judge: Perram J
- 12 Feb 2019:
Freeman, in the matter of Blue Oasis Holdings Pty Ltd (In Liquidation) (No 2)  FCA 118
CORPORATIONS - consideration of an application by the liquidator of a company and the receiver of the assets and undertaking of a trust for the fixing of the remuneration payable to the liquidator and receiver in relation to steps undertaken in each of the relevant capacities
Judge: Greenwood J
- 11 Feb 2019:
Greencross Limited, in the matter of Greencross Limited (No 2)  FCA 117
CORPORATIONS - scheme of arrangement - second court hearing - application for approval - procedure to be adopted where there is failure or anticipated failure to comply with the Court's order for convening the scheme meeting - comments relevant to the application of s 411(17) of the Corporations Act 2001 (Cth)
Judge: Yates J
- 11 Feb 2019:
Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 2)  FCA 93
CORPORATIONS - application for orders under s 1322(4)(a) of the Corporations Act 2001 (Cth) - alternative application for determination or fixing of remuneration under s 449E(1)(c) and s 511 of the Act -- where plaintiffs appointed joint and several administrators of three companies pursuant to s 436A of the Act -- where plaintiffs subsequently…
Judge: Besanko J
- 6 Feb 2019:
Owen-Pearse v Lander Land Company Pty Ltd (No 2)  FCA 83
COSTS - award of fixed costs to successful defendant
Judge: Banks-smith J
- 1 Feb 2019:
Boart Longyear Limited, in the matter of Boart Longyear Limited  FCA 62
CORPORATIONS - application to approve a scheme pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) - scheme designed to effect re-domiciliation of target company to Canada - where the scheme was approved by more than 75% of votes cast at scheme meeting but did not pass the headcount test under s 411(4)(a)(ii)(A) of the Corporations Act -…
Judge: Farrell J
- 30 Jan 2019:
Australian Securities and Investments Commission v Project Management (Aust) Pty Ltd  FCA 47
CORPORATIONS - disqualification from managing corporations - application for disqualification under s 206D of the Corporations Act 2001 (Cth) - where ASIC and one defendant agreed on a period of disqualification - whether proposed order in respect of that defendant should be made - where another defendant did not participate in the proceeding -…
Judge: Moshinsky J
- 25 Jan 2019:
Hancock (liquidator), in the matter of South Townsville Developments Pty Limited (in liq)  FCA 71
CORPORATIONS - winding up - where creditors' voluntary winding up - application under s 477(2B) of the Corporations Act 2001 (Cth) for the approval of a funding agreement to be entered into by liquidator - application for retroactive approval nunc pro tunc - application granted PRACTICE AND PROCEDURE - where application for a suppression or…
Judge: Perry J
- 25 Jan 2019:
Quinlan (liquidator) of Halifax Investment Services Pty Ltd (Administrators Appointed), in the matter of Halifax Investment Services Pty Ltd (Administrators Appointed) (No 2)  FCA 124
BANKRUPTCY AND INSOLVENCY - application by liquidator for directions - where company funds and trust funds may be co-mingled - whether liquidator can use potential trust funds in performing statutory responsibilities - application allowed
Judge: Gleeson J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.