Corporations and Corporate Insolvency Sub-area
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.
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.
Schemes of Arrangement
Practitioners considering filing a scheme matter should familiarise themselves with the Schemes of Arrangement Practice Note (GPN-SOA). Prior to filing a scheme matter, practitioners should contact the National Operations Team in order to ascertain Judge availability on the proposed hearing dates. Where possible, practitioners should provide multiple date options for the first and second hearings, as well as noting the registry or possible registries of filing and the proposed filing date(s). The Court will endeavour to accommodate the hearing dates sought and will confirm whether or not a Judge has availability to accommodate the preferred dates. Practitioners should ensure that the Court is kept updated on any subsequent developments, such as any likely delays in filing the originating documents or any changes to the hearing dates sought.
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.
Practice Notes
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: |
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Guides: |
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:
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Rules: |
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Note: |
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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:
Forms: |
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Rules: |
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Notes: |
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Latest Judgments
- 6 Feb 2025:
Kazar (liquidator), in the matter of AE Charter Services Pty Ltd (in liq) v Adelaide Equity Holdings Pty Ltd [2025] FCA 59
PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23(2)(c) of Federal Court Rules 2011 (Cth) - plaintiffs made claim for compensation for insolvent trading against third defendant pursuant to s 588M of Corporations Act 2001 (Cth) - third defendant has failed to comply with court orders and failed to appear - third defendant …
Judge: McDonald J - 5 Feb 2025:
Parkin v Boral Limited (Materiality Evidence Ruling) [2025] FCA 70
EVIDENCE - where an objection was made to expert evidence - where the issue of "materiality" considered - where the utility of expert evidence considered - where the ultimate issue was one of weight - where prejudice identified could be ameliorated by appropriate rulings and the adoption of pragmatic measures
Judge: Lee J - 4 Feb 2025:
Midway Limited, in the matter of Midway Limited [2025] FCA 47
CORPORATIONS - scheme of arrangement - second court hearing - order sought under s 411 of the Corporations Act 2001 (Cth) to approve the scheme - scheme considerations - whether statutory prerequisites are satisfied - whether the Court's discretion should be exercised approve the scheme - scheme approved - compliance with s 411(11) exempted
Judge: Anderson J - 4 Feb 2025:
Eumundi Group Limited, in the matter of Eumundi Group Limited (No 2) [2025] FCA 58
CORPORATIONS - application for approval of scheme of arrangement under s 411(4) of the Corporations Act 2001 (Cth) - concurrent off-market takeover bid - consideration of discretion under s 411(4)(b) and s 411(17) of the Act - consideration of whether purpose of scheme is to avoid operation of any of the provisions of Ch 6
Judge: Feutrill J - 3 Feb 2025:
CW Group Holdings Limited, in the matter of CW Group Holdings Limited (No 2) [2025] FCA 43
CORPORATIONS - scheme of arrangement - second court hearing - application for approval of scheme - applicable principles - whether statutory and procedural requirements satisfied - whether the Court should exercise its discretion to approve the scheme - held: scheme approved
Judge: Moshinsky J - 22 Jan 2025:
Australian Securities and Investments Commission v Alshakshir [2025] FCA 19
PRACTICE AND PROCEDURE - interlocutory application for urgent interim relief - where plaintiff seeks travel orders preventing defendant from leaving Australia pursuant to s 1323 of Corporations Act 2001 (Cth) - where ex parte orders made and application adjourned to allow inter partes hearing - where plaintiff has commenced investigation into…
Judge: Snaden J - 17 Jan 2025:
Masters v Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq) (Application to vary timetable) [2025] FCA 9
PRACTICE AND PROCEDURE - application on the papers to vary timetable for reference to inquire into lump sum costs determinations by Judicial Registrar acting as a Referee - no question of principle - application successful in limited respect.
Judge: Cheeseman J - 15 Jan 2025:
Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2025] FCA 4
SAD 109 of 2020 CORPORATIONS -- breach of director's/officer's duties -- one shadow director/shadow officer -- one registered director and officer of the first applicant -- where directors not a party to the proceedings -- where directors breached duty to act in good faith, in the best interest of corporation and for a proper purpose -- duty not…
Judge: O'Sullivan J - 9 Jan 2025:
Ligon 158 Pty Limited (in liq) v Shield Holdings Australia Pty Ltd (in liq) (Special Purpose Liquidator) [2025] FCA 3
CORPORATIONS - application for appointment of an additional (special purpose) liquidator - where the proposed special purpose liquidator is the general purpose liquidator of other related corporate entities - where the proposed special purpose liquidator brought a successful application to reinstate the company to the register and have it wound up …
Judge: Cheeseman J - 6 Jan 2025:
Australian Securities and Investments Commission v Marco (No 18) (Funding Agreement Approval) [2025] FCA 1
CORPORATIONS - special purpose receivers of unregistered managed investment scheme - special purpose liquidators of an operator of the scheme - application for Court approval of and directions concerning special purpose receivers and special purpose liquidators entering into litigation funding agreement PRACTICE AND PROCEDURE - application for…
Judge: Feutrill J
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National Coordinating Judges
- Derrington J
- Banks-Smith J
- Cheeseman J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis