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.

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 Judicial 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 Judicial 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).

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:

• Corporations Act 2001 (Cth)
• Australian Securities and Investments Commission Act 2001 (Cth)
• Cross-Border Insolvency Act 2008 (Cth)
• Insurance Act 1973 (Cth)

• 30 Sep 2022: Algeri, in the matter of Royal Express Pty Ltd [2022] FCA 1169
  CORPORATIONS - application for issue of arrest warrant - failure to comply with summons to attend to be examined about the examinable affairs of a company in liquidation - whether to make orders for issue of arrest warrant
  Judge: McEvoy J
• 28 Sep 2022: Deppeler, in the matter of Moulamein Grain Co-Operative Limited (administrators appointed) [2022] FCA 1154
  CORPORATIONS - application by administrators including in their capacity as court appointed receivers for an order, pursuant to s 90-15 of Sch 2 to the Corporations Act 2001 (Cth), that they would be justified in causing the sale of assets
  Judge: O'Callaghan J
• 28 Sep 2022: Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 2) [2022] FCA 1151
  PRACTICE AND PROCEDURE - case management -whether issue of insolvency should be referred to a referee for inquiry and report in accordance with s 54A of the Federal Court of Australia Act 1976 (Cth) - alternatively, whether issue of insolvency to be determined at trial on the basis of lay and expert evidence - whether discovery to be given on the…
  Judge: O'Bryan J
• 27 Sep 2022: MOQ Limited, in the matter of MOQ Limited [2022] FCA 1160
  CORPORATIONS - members' scheme of arrangement - first court hearing - application under ss 411 and 1319 of the Corporations Act (Cth) for orders convening a meeting of members to consider and agree a proposed scheme of arrangement - performance risk - exclusivity arrangements - break fee - deemed warranty - hybrid meeting - application granted
  Judge: Halley J
• 23 Sep 2022: Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad (No 2) [2022] FCA 1133
  PRACTICE AND PROCEDURE - where decision reserved - interlocutory application for leave to adduce further evidence - where evidence publicly available and could have been obtained with reasonable diligence - where no explanation for failure to obtain and adduce evidence at the hearing of the application or for delay in bringing application to…
  Judge: Cheeseman J
• 21 Sep 2022: Absolute Equity Performance Fund Ltd, in the matter of Absolute Equity Performance Fund Ltd (No 2) [2022] FCA 1135
  CORPORATIONS - members' scheme of arrangement - second court hearing - application under s 411(4)(b) of the Corporations Act 2001 (Cth) (Act) for approval of scheme - proposed acquisition of share in target company in exchange for shares in acquiring company - application granted
  Judge: Halley J
• 21 Sep 2022: Jemmott v ENA Development Pty Ltd (in liq) (Receiver Appointed) [2022] FCA 1134
  PRACTICE AND PROCEDURE - application for transfer of proceedings to the Supreme Court of New South Wales (Supreme Court) pursuant to s 1337H of the Corporations Act 2001 (Cth) and r 27.21 of the Federal Court Rules 2011 (Cth) - application for adjournment of hearing dismissed - where more appropriate for the proceeding to be determined by Supreme…
  Judge: Halley J
• 20 Sep 2022: Hayes, in the matter of Parcelpoint Pty Ltd (Administrator Appointed) [2022] FCA 1136
  CORPORATIONS - application by administrator pursuant to ss 439A and 447A of the Corporations Act 2001 (Cth) to extend the period in which a second meeting of creditors must be convened - where two offers to purchase assets of the company - where possible Deed of Company Arrangement - where extension of time will grant administrator time to make an …
  Judge: Halley J
• 19 Sep 2022: Dealt Holdings Ltd, in the matter of Dealt Holdings Ltd [2022] FCA 1104
  CORPORATIONS - members' scheme of arrangement - first court hearing - application under ss 411 and 1319 of the Corporations Act (Cth) for orders convening a meeting of members to consider and agree a proposed scheme of arrangement - application granted
  Judge: Halley J
• 15 Sep 2022: Albarran (Administrator), in the matter of John Wayland Pty Ltd (Administrators Appointed) [2022] FCA 1119
  CORPORATIONS - application by administrators under ss 439A and 447A of the Corporations Act 2001 (Cth) to extend period in which applicants must convene second meeting of creditors - where extension of time will grant administrators time to make an informed recommendation - application granted
  Judge: Halley J

• Australian Securities and Investments Commission (ASIC)