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)

• 25 Jan 2021: Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) (No 3) [2021] FCA 21
  Judge: Colvin J
• 21 Jan 2021: Niardone v Clubb [2021] FCA 14
  CORPORATIONS - application by directors for urgent interlocutory injunction restraining respondents from acting as administrators of company - where appointment of administrators based on claim that company failed to pay fees - where directors dispute fees payable - where parties consented to grant of interlocutory relief if amount paid into Court …
  Judge: Colvin J
• 18 Jan 2021: Lewis, in the matter of Gallop International Group Pty Ltd (In Liq) (No 2) [2021] FCA 7
  COSTS - application for costs of an Interlocutory application - where Interlocutory application seeks orders for production of evidence relied on to obtain ex parte orders and setting aside of orders made under s 597(9) of the Corporations Act 2001 (Cth) for production of insurance documents - application for production of evidence relied on dealt …
  Judge: Besanko J
• 24 Dec 2020: Hambleton (Liquidator), in the matter of China Cooking Group Aus Pty Ltd (in liq) v Zhang [2020] FCA 1879
  PRACTICE AND PROCEDURE - application for summary judgment under s 31A(1) of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) - whether the defendant has a reasonable prospect of defending the substantive application - application granted
  Judge: Reeves J
• 24 Dec 2020: Heenan (Receiver), in the matter of Ruby Apartments Pty Ltd (in liq) v Ralan Paradise No. 1 Pty Ltd (in liq) [2020] FCA 1878
  PRACTICE AND PROCEDURE - application for orders deeming service of originating documents under rr 10.23 and 10.48 of the Federal Court Rules 2011 (Cth) - where there are 240 named defendants - where at least some of the defendants reside in the People's Republic of China - whether it is not practicable to effect personal service on the relevant…
  Judge: Reeves J
• 23 Dec 2020: Jonsson, in the matter of Hooper Holdings Pty Ltd v Hooper Holdings Pty Ltd [2020] FCA 1870
  CORPORATIONS - consideration of an application for an order that the respondents provide discovery of particular categories of documents
  Judge: Greenwood J
• 23 Dec 2020: Hughes, in the matter of Substar Holdings Pty Ltd (in liquidation) [2020] FCA 1863
  CORPORATIONS - application by liquidators to be appointed as receivers of trust assets - where trust deed disqualifies the corporate trustee upon insolvency - where corporate trustee cannot realise its right to indemnity and exoneration as bare trustee - where judicial advice sought that the liquidators are justified in treating the property in…
  Judge: McKerracher J
• 22 Dec 2020: Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) [2020] FCA 1824
  PRACTICE AND PROCEDURE - Pleadings - Amendment - Application for leave to file Second Further Amended Originating Process and Points of Claim - Application for leave to file further amended Concise Statements - Whether substantially different case PRACTICE AND PROCEDURE - Multiple respondents - Whether common issues exist in relation to all…
  Judge: Middleton J
• 21 Dec 2020: Coeur De Lion Investments Pty Limited v The President's Club Limited (No 3) [2020] FCA 1848
  CORPORATIONS - consideration of an application filed in relation to matters concerning the Coolum Resort litigation
  Judge: Greenwood J
• 21 Dec 2020: Grogan Pty Ltd v Australian Securities and Investments Commission, in the matter of SIRA Pty Ltd (Deregistered) [2020] FCA 1832
  CORPORATIONS - application for reinstatement of registration of company pursuant to s 601AH of the Corporations Act 2001 (Cth) - purpose of proposed reinstatement to seek immediate winding up of company and appointment of liquidator to explore claims against former directors - whether winding up would be just and equitable within the meaning of s…
  Judge: O'Callaghan J

• Australian Securities and Investments Commission (ASIC)