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.

This Sub-area does not include any personal bankruptcy matters. Bankruptcy matters fall within the General and Personal Insolvency Sub-area in the Commercial and Corporations NPA.

Corporations List matters

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.

Corporations matters before a Registrar

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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

Other general practice notes and Court developed guides which may be relevant to this Sub-area include:

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”.

Judge-related matters

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).

Registrar-related matters

Applications under s459P of the Corporations Act for a winding-up order on the ground of insolvency are commenced by filing:

• Corporations Act 2001 (Cth)
• Australian Securities and Investments Commission Act 2001 (Cth)
• Cross-Border Insolvency Act 2008 (Cth)
• Insurance Act 1973 (Cth)

• 18 Apr 2019: Nyoni v Shire of Kellerberrin [2019] FCA 530
  PRACTICE AND PROCEDURE - objections to competency - where appeal was commenced out of time - where appeal grounds lacked merit - where quantum of damages sought in appeal were extravagant amounting to an abuse of process - objections to competency upheld
  Judge: Colvin J
• 16 Apr 2019: Erskine as liquidator of North Shore Property Developments Pty Ltd (in liq) v 72-74 Gordon Crescent Lane Cove Pty Ltd [2019] FCAFC 62
  CORPORATIONS - liquidator's application for extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) - whether primary judge erred in exercising discretion - no error - appeal dismissed
  Judge: Jagot, Gleeson and Markovic JJ
• 16 Apr 2019: Healthscope Limited, in the matter of Healthscope Limited [2019] FCA 542
  CORPORATIONS - members' scheme of arrangement - first court hearing - order sought under s 411(1) of the Corporations Act 2001 (Cth) - separate classes of members - whether there should be separate scheme meetings - relevance of benefit to one class not qua shareholder - relevance of benefit not from scheme terms per se - performance risk - break…
  Judge: Beach J
• 11 Apr 2019: Watermark Market Neutral Fund Limited v Equity Trustees Limited, in the matter of Watermark Market Neutral Fund Limited (No 2) [2019] FCA 518
  CORPORATIONS - scheme of arrangement - second court hearing - application for approval - application for transfer of plaintiff's assets to defendant - reconstruction of Pt 5.1 body - scheme approved
  Judge: Yates J
• 11 Apr 2019: Watermark Global Leaders Fund Limited v Equity Trustees Limited, in the matter of Watermark Global Leaders Fund Limited (No 2) [2019] FCA 517
  CORPORATIONS - scheme of arrangement - second court hearing - application for approval - application for transfer of plaintiff's assets to defendant - reconstruction of Pt 5.1 body - scheme approved
  Judge: Yates J
• 9 Apr 2019: Sheraz Pty Ltd v Rumsley [2019] FCA 493
  CORPORATIONS - winding up - statutory demand - service of application to set aside statutory demand under s 459G(3)(b) of the Corporations Act 2001 (Cth) - where application and supporting affidavit electronically filed within time - where copies of application and supporting affidavit served via email on last day for service - where statutory…
  Judge: Banks-smith J
• 5 Apr 2019: McCardle, in the matter of Roxanne Marie McCardle [2019] FCA 550
  PRACTICE AND PROCEDURE - application before the commencement of proceedings pursuant to r 7.01 of the Federal Court Rules 2011 (Cth) - whether there are circumstances of urgency - whether the orders sought are of the kind contemplated by r 7.01 to preserve the status quo pending the determination of proceedings - application refused.
  Judge: White J
• 5 Apr 2019: Albarran, in the matter of BCJWY Aboriginal Society Limited [2019] FCA 491
  CORPORATIONS - where Company in administration - application by administrators to extend the convening period for the second meeting of creditors - convening period had already ended by time of application - whether the Court satisfied that extension is in the best interest of creditors having regard to s 439A(7) of the Corporations Act 2001 (Cth) …
  Judge: Farrell J
• 5 Apr 2019: Erskine, in the matter of North Shore Property Developments Pty Ltd (in liq) [2019] FCA 476
  CORPORATIONS - application by liquidator for approval to enter deeds for indemnity and funding on behalf of the Company under s 477(2B) of the Corporations Act 2001 (Cth) - where one deed requires retrospective approval - whether entering into the deeds is in the best interests of creditors - Robinson, re Reed Constructions Australia Pty Ltd (in…
  Judge: Farrell J
• 5 Apr 2019: Trust Company (Nominees) Limited, in the matter of Angas Securities Limited v Angas Securities Limited (No 5) [2019] FCA 482
  CORPORATIONS - creditors' scheme of arrangement - first court hearing - debenture holders - further extension to run off phase not warranted - convening meeting of debenture holders - foreign debenture holders - assets in form of biodiversity credits - releases of third parties as part of scheme - separate class questions - debenture holders…
  Judge: Beach J

• Australian Securities and Investments Commission (ASIC)