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:
- 24 May 2018:
Ingram, in the matter of 5Star Sinai Limited (administrators appointed)  FCA 734
CORPORATIONS – application for leave pursuant to s 600H(1)(b) of the Corporations Act 2001 (Cth) to allow creditors with “subordinate claims” arising from subscription for shares to vote at the second meeting of creditors – whether a creditor’s claim in relation to subscription for shares is a “subordinate claim” as defined in s 563A(2) of the…
Judge: Farrell J
- 23 May 2018:
Perera v GetSwift Limited  FCA 732
REPRESENTATIVE PROCEEDINGS - three overlapping open securities class actions against the same respondent - consideration of circumstances which have led to the rise of competing securities class actions - consideration of remedial response to competing class actions in Australia and North America - identification of multiple factors relevant to…
Judge: Lee J
- 21 May 2018:
White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) (No 3)  FCA 711
PRACTICE AND PROCEDURE - directions to resolve the resolution of remaining prayers of Originating Application - where competing claims by trust claimants, secured creditor, liquidators and priority creditors
Judge: Perram J
- 18 May 2018:
Kaboko Mining Limited v Van Heerden (No 2)  FCA 706
PRACTICE AND PROCEDURE – interlocutory application – whether the Court should order the joinder of a person to the proceeding – where the joinder of the defendant’s insurer would avoid multiplicity of proceedings and give effect to the overarching purpose of the Court’s civil practice and procedure provisions – insurer joined as defendant
Judge: McKerracher J
- 17 May 2018:
Hooke v Bux Global Limited  FCA 740
CORPORATIONS - winding up application - application for summary judgment on basis that plaintiffs do not have standing - where plaintiffs are registered holders of shares - where plaintiffs investment resulted in shareholding without agreement or knowledge - whether plaintiffs are contributories - standing as contributory - whether 'a holder of…
Judge: Colvin J
- 17 May 2018:
Zivanovic v Australian Securities and Investments Commission (No 2)  FCA 676
CORPORATIONS - whether appellable error in Administrative Appeals Tribunal's affirmation of decision to disqualify applicant from managing corporations under s 206F of the Corporations Act 2001 (Cth) - no appellable error disclosed - appeal dismissed
Judge: Gleeson J
- 11 May 2018:
Deputy Commissioner of Taxation v Darwin Joinery Pty Ltd, in the matter of Darwin Joinery Pty Ltd  FCA 753
TRUSTS AND TRUSTEES - application by a liquidator for declarations and directions - application of Jones (Liquidator) v Matrix Partners Pty Ltd, in the matter of Killarnee Civil & Concrete Contractors Pty Ltd (in liq)  FCAFC 40 - directions made.
Judge: White J
- 11 May 2018:
MVRFT Pty Ltd v GPO No 1 Martin Place Pty Limited  FCA 643
PRACTICE AND PROCEDURE - application for stay of proceedings - whether plaintiff required to comply with dispute resolution clause prior to commencing proceedings - where not all defendants party to agreement
Judge: Perram J
- 10 May 2018:
Lifehealthcare Group Limited, in the matter of Lifehealthcare Group Limited (No 2)  FCA 743
CORPORATIONS - scheme of arrangement - second Court hearing - approval of scheme under s 411(4)(b) of the Corporations Act 2001 (Cth).
Judge: Markovic J
- 7 May 2018:
Liverpool City Council v McGraw-Hill Financial Inc (No 2)  FCA 686
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.