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:
- 7 Dec 2021:
Jolan Pty Ltd v Essential Investments Pty Ltd (No 2)  FCA 1533
CORPORATIONS - oppression proceedings - company formed for purpose of acquiring business to be sold within two years - largest five shareholders each entitled to appoint director to board of company - board required to approve business plan and budget of subsidiaries - removal of director appointed by shareholder to board - whether shareholder…
Judge: Downes J
- 3 Dec 2021:
Lau (Administrator), in the matter of Southern Australian Cattle Company Pty Ltd (subject to Deed of Company Arrangement) v Ko  FCA 1534
CORPORATIONS - consideration of an application under s 447A of the Corporations Act 2001 (Cth) and s 90.15 of the Insolvency Practice Schedule (Corporations) being Schedule 2 to the Act
Judge: Greenwood J
- 3 Dec 2021:
Flinstone Investments Pty Ltd v Champions Quarry Pty Ltd  FCA 1522
COSTS - application for indemnity costs against solicitor - where it was conceded an application for review of a decision of a registrar should not have been filed - application partially granted
Judge: Downes J
- 3 Dec 2021:
Ward, in the matter of PIC Lindfield 19 Pty Ltd (in liquidation) v Zhu  FCA 1526
CORPORATIONS - urgent application by liquidators to be appointed receivers and managers of trust assets - where corporate trustee of unit trust is in liquidation - where trustee was disqualified upon liquidation - where the company has incurred liabilities in its role as trustee - where the liquidators have taken steps to market the primary asset…
Judge: Cheeseman J
- 1 Dec 2021:
Boardman (liquidator) v Australian Boutique Spirits Pty Ltd, in the matter of Europa International Pty Ltd (in liq)  FCA 1520
CORPORATIONS - application by liquidator of company for approval of entry into settlement agreement pursuant to ss 477(2A) and 477(2B) of the Corporations Act 2001 (Cth) - where approval sought nunc pro tunc - application granted PRACTICE AND PROCEDURE - application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act…
Judge: Halley J
- 26 Nov 2021:
Krejci, in the matter of Union Standard International Group Pty Limited (in liq)  FCA 1483
CORPORATIONS -- financial services and markets -- corporation holding financial services licence insolvent -- priority in distribution of proceeds of liquidation as between trading clients and investing clients -- whether investing clients provided with financial products or financial services -- whether statutory trust over moneys paid by both…
Judge: Jagot J
- 24 Nov 2021:
Kogan, in the matter of Rogulj Enterprises Pty Ltd (in liq) (No 2)  FCA 1504
CORPORATIONS - application by liquidators for approval of entry into a funding agreement pursuant to section 477(2B) of the Corporations Act 2001 (Cth) - where proposed agreement amends an earlier funding agreement for which Court approval was given under s 477(2B) - where the liquidators have formed a view that entry into the amending agreement…
Judge: Cheeseman J
- 23 Nov 2021:
Weston (Trustee) v Sanna (No 6)  FCA 1487
BANKRUPTCY AND INSOLVENCY - application by trustee in bankruptcy for orders referring quantification of remuneration, costs and expenses to a referee - where orders made for trustee to realise two properties forming part of the estate - whether trustee entitled to be paid his remuneration, costs and expenses from the proceeds of sale of those…
Judge: Markovic J
- 22 Nov 2021:
Blakeley v Ausmart Services Pty Ltd (in liq), in the matter of Ausmart Services Pty Ltd (in liq)  FCA 1470
CORPORATIONS - pooling orders - orders sought determining that defendant companies constitute a "pooled group" under s 579E of the Corporations Act 2001 (Cth) - whether defendant companies constituted "a group of 2 or more companies" - whether companies "own particular property that is or was used, or for use, by any or all of the companies in the …
Judge: O'Callaghan J
- 19 Nov 2021:
Loo, in the matter of Halifax Investment Services Pty Ltd (in liquidation) v Quinlan (Liquidator) (No 2)  FCAFC 204
PRACTICE AND PROCEDURE - costs - appeal - where the proceeding at first instance involved an application for directions and judicial advice - where a representative party unsuccessfully appealed the directions of the primary judge - whether costs of appeal should follow the event - whether costs should be payable on an indemnity basis
Judge: Middleton, Beach and Moshinsky JJ
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
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.