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 Judicial 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 Judicial 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”.
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).
Judicial Registrar related matters
Applications under s459P of the Corporations Act for a winding-up order on the ground of insolvency are commenced by filing:
- 14 Nov 2019:
Rusca Bros Services Pty Ltd v Dlaw Pty Ltd, in the matter of Rusca Bros Services Pty Ltd (No 2)  FCA 1865
CORPORATIONS - application to set aside a statutory demand (Demand) pursuant to s 459G of the Corporations Act 2001 (Cth) - where Demand issued prior to filing of costs assessment application - whether plaintiff a commercial client and precluded from costs assessment - whether costs assessment completed and debt claimed in the Demand not presently …
Judge: Markovic J
- 12 Nov 2019:
Deputy Commissioner of Taxation v EFX Advisory Pty Ltd  FCA 1885
CORPORATIONS - application to terminate winding up of company - circumstances where the liquidator does not consent nor oppose the orders sought - Corporations Act 2001 (Cth) s 483(1) - application allowed.
Judge: Jagot J
- 12 Nov 2019:
Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 6)  FCA 1853
EVIDENCE - rulings on evidence
Judge: Yates J
- 12 Nov 2019:
Adelaide Brighton Cement Limited, in the matter of Concrete Supply Pty Ltd v Concrete Supply Pty Ltd (Subject to Deed of Company Arrangement) (No 4)  FCA 1846
CONTRACTS -- where the plaintiff seeks to recover monies said to be owed to it for cement supplied over a period of approximately nine years -- whether the plaintiff agreed to provide the first defendant with a discount or rebate in relation to the supply of cement ESTOPPEL -- whether the plaintiff is estopped from denying that it agreed to…
Judge: Besanko J
- 11 Nov 2019:
Pascoe (Liquidator), in the matter of Matrix Group Ltd (in liq) (Trustee)  FCA 1844
CORPORATIONS - application by a liquidator for approval under s 477(2B) of the Corporations Act 2001 (Cth) to enter into funding agreement on behalf of the company in liquidation - where interested person seeks to protect his asserted rights under earlier funding agreement - factors relevant to the Court's assessment of an application under s…
Judge: Gleeson J
- 8 Nov 2019:
Coeur De Lion Investments Pty Limited v The President's Club Limited, in the matter of The President's Club Limited (No 2)  FCA 1866
CORPORATIONS - consideration of an application for an urgent interlocutory injunction
Judge: Greenwood J
- 7 Nov 2019:
Australian Securities and Investments Commission v Aviation 3030 Pty Ltd (No 3)  FCA 1839
COSTS - application for non-party order refused
Judge: O'Callaghan J
- 7 Nov 2019:
Melhelm Pty Ltd, in the matter of Boka Beverages Pty Ltd (in liquidation) v Boka Beverages Pty Ltd (in liquidation) (No 2)  FCA 1809
COSTS - plaintiffs seek orders that liquidators not be permitted to rely on right of indemnity from company's assets or recoveries to pay costs - whether liquidators acted unreasonably in defending the litigation - liquidators found not to have acted unreasonably
Judge: Gleeson J
- 7 Nov 2019:
Commissioner of Taxation v Iannuzzi (No 2)  FCA 1818
CORPORATIONS - application for inquiry into conduct of liquidator pursuant to Corporations Act 2001 (Cth) s 536(1) - certain admissions made to conduct - whether admissions sufficient to warrant granting of prohibition orders in form submitted by the parties - orders granted
Judge: Stewart J
- 6 Nov 2019:
Rathner (Liquidator), in the matter of Reliance Franchise Partners Pty Ltd (in liq)  FCA 1816
CORPORATIONS - where company in liquidation - where orders made on application of liquidators for examination summonses to issue to certain parties - application by those parties for orders deleting certain categories of documents required to be produced - application in the alternative for orders setting aside the summonses and orders -…
Judge: Colvin 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.