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:
- 19 Feb 2018:
Cathro, in the matter of Custom Bus Australia Pty Ltd (administrators appointed)  FCA 113
CORPORATIONS - application to extend the convening period for the second meeting of creditors under s 439A(6) of the Corporations Act 2001 (Cth) - where company in administration - where creditors consent to extension of time - where administrators seeking sale of certain assets of relevant companies - application granted
Judge: Farrell J
- 16 Feb 2018:
Marsden (liquidator) v CVS Lane PV Pty Limited, in the matter of Pentridge Village Pty Limited (in liq) (receiver and manager appointed) (controller appointed)  FCA 102
CORPORATIONS - whether to grant order extending time for application to void transactions under s 588FF(3) of the Corporations Act 2001 (Cth) ("the Act") - order granted as fair and just to do so in all the circumstances, taking into account the reasons for the delay, merits of the foreshadowed proceeding, and no particular prejudice caused by the …
Judge: Gleeson J
- 16 Feb 2018:
Seaman v Silvia  FCA 97
CORPORATIONS - External administration - Administrators - Action against administrators by creditors, shareholders or directors - Statutory duties and common law duties not owed by Administrators to creditors, shareholders and directors CORPORATIONS - External administration - Administrators - Activities of administrator in performing statutory…
Judge: Derrington J
- 15 Feb 2018:
Shearwood (Trustee), in the matter of Allied Resource Partners Pty Ltd v Allied Resource Partners Pty Ltd (No 2)  FCA 79
COSTS - Costs of the proceeding - Where the plaintiff submitted that both the first and second defendants should pay the costs of the proceeding - Where the first defendant submitted that the plaintiff and first defendant should each bear their own costs - Where the first defendant alternatively submitted that the first defendant pay the…
Judge: Markovic J
- 14 Feb 2018:
Deputy Commissioner of Taxation v Addwealth Financial Services Pty Ltd (in liq)  FCA 96
CORPORATIONS -interlocutory application of liquidator for remuneration - whether the application be dealt with in the absence of the public - whether the application be dealt with without the attendance of the applicant - whether the Court dispenses of requirement under R 29.02(11) of the Federal Court Rules 2011 (Cth) in relation to an affidavit…
Judge: Barker J
- 13 Feb 2018:
Billabong International Limited, in the matter of Billabong International Limited  FCA 106
CORPORATIONS – scheme of arrangement – application for orders to convene meeting of members
Judge: Yates J
- 13 Feb 2018:
Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 4)  FCA 74
COSTS – application to extend limitation period – where application opposed – whether successful applicant should pay respondent’s costs of the application – whether applicant seeking an indulgence
Judge: Yates J
- 7 Feb 2018:
Kenquist Nominees Pty Limited v Campbell (No 4)  FCA 33
PRACTICE AND PROCEDURE - applications for additional security for costs
Judge: Yates J
- 6 Feb 2018:
Australian Securities and Investments Commission v Realestate Equity Investment Trust  FCA 50
CORPORATIONS - promotion of a registered managed investment scheme with regard to land banking -
Judge: Murphy J
- 5 Feb 2018:
Board of Directors of Rizzo-Bottiglieri-De Carlini Armatori SpA v Rizzo-Bottiglieri-De Carlini Armatori SpA  FCA 153
BANKRUPTCY AND INSOLVENCY - cross-border insolvency- where foreign court terminates proceeding for which Federal Court granted interim relief under Art 19 of Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law pursuant to Cross-Border Insolvency Act 2008 (Cth) - where Art 18 requires foreign…
Judge: Rares 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.