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 Feb 2019: Sadie Ville Pty Ltd v Deloitte Touche Tohmatsu (A Firm) (No 6) [2019] 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) [2019] 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) [2019] 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) [2019] 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) [2019] 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) [2019] 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 [2019] 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 [2019] 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) [2019] 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) [2019] 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

• Australian Securities and Investments Commission (ASIC)