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:
- 14 Aug 2018:
Hooke v Bux Global Limited (No 4)  FCA 1210
PRACTICE AND PROCEDURE - evidence - claim for legal professional privilege - inspection by the court - claim upheld in part
Judge: Banks-smith J
- 10 Aug 2018:
Perazzoli v BankSA (No 5)  FCA 1187
PRACTICE AND PROCEDURE - application for leave to amend originating application and statement of claim - Respondent opposes grant of leave - whether proposed pleadings are sufficient - leave to amend refused.
Judge: White J
- 7 Aug 2018:
J.P. Morgan Operations Australia Limited v J.P. Morgan Australia Group Pty Limited, in the matter of J.P. Morgan Operations Australia Limited (No 2)  FCA 1180
CORPORATIONS - schemes of arrangement to effect a reorganisation and amalgamation of assets, property, liabilities and undertakings of the plaintiff companies - second Court hearing - approval of scheme under ss 411(4)(b) and 413(1) of the Corporations Act 2001 (Cth) - application granted
Judge: Farrell J
- 7 Aug 2018:
Australian Securities and Investments Commission v Linchpin Capital Group Ltd  FCA 1104
CORPORATIONS - managed investment scheme - ASIC application to appoint receivers - nature and extent of contraventions - scope of assets over which receiver appointed
Judge: Derrington J
- 3 Aug 2018:
Tony Innaimo Transport Pty Ltd v Skyroad Logistics Pty Ltd  FCA 1134
CORPORATIONS - application by plaintiff to wind up the defendant under ss 459A and 459P of the Corporations Act 2001 (Cth) (the Act) in circumstances where the plaintiff served a statutory demand and the defendant did not seek to set it aside within the specified time - where defendant seeks leave under s 459S of the Act to oppose the plaintiff's…
Judge: Griffiths J
- 2 Aug 2018:
Oztech Pty Ltd v Public Trustee of Queensland (No 16)  FCA 1155
PRACTICE AND PROCEDURE - service out of jurisdiction - application to serve interlocutory application outside of Australia - whether requirements for service out of the jurisdiction satisfied
Judge: Yates J
- 2 Aug 2018:
Cathro, in the matter of Lidcombe Plastering Services Pty Limited (in liq)  FCA 1138
CORPORATIONS - application to set aside Registrar's orders requiring production of documents sought by liquidator - where documents concern financial affairs of wife of director the subject of examination - application dismissed, the documents being sufficiently connected with examination of husband
Judge: Gleeson J
- 31 Jul 2018:
Webb v GetSwift Limited (No 3)  FCA 1133
REPRESENTATIVE PROCEEDINGS - common fund order - order made when the opportunity afforded to group members to later opt out of the proceeding - no need for prior to notice to group members when this course would cause multiple notices, unnecessary expense and further delay COSTS - indemnity costs orders against a respondent to an interlocutory…
Judge: Lee J
- 30 Jul 2018:
Pursuit Minerals Limited, in the matter of Pursuit Minerals Limited  FCA 1127
CORPORATIONS - application under s 1322(4) of the Corporations Act 2001 (Cth) to validate on-sale by vendor shareholders without disclosure - where purported cleansing notice invalid - where five day rule not satisfied - where omission by company inadvertent
Judge: Banks-smith J
- 30 Jul 2018:
J.P. Morgan Operations Australia Limited v J.P. Morgan Australia Group Pty Limited, in the matter of J.P. Morgan Operations Australia Limited  FCA 1131
CORPORATIONS - application to convene a meeting of shareholders of plaintiff companies pursuant to s 411(1) of the Corporations Act 2001 (Cth) - proposed reconstruction and amalgamation of Pt 5.1 bodies under s 413 of the Corporations Act - whether the schemes are fair and reasonable in light of the impact on external creditors of the transferee…
Judge: Farrell 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.