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:
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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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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:
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Latest Judgments
- 11 Oct 2024:
Sampson (Trustee) v Zaki, in the matter of Van Vlijmen (No 2) [2024] FCA 1175
BANKRUPTCY AND INSOLVENCY - application under s 100-5 of the Insolvency Practice Schedule (Bankruptcy), being Schedule 2 to the Bankruptcy Act 1966 (Cth) for the approval of the assignment of rights to sue - whether to rights to sue which vested in a trustee in bankruptcy under s 58 of the Act are rights to sue conferred on the trustee under the…
Judge: Goodman J - 10 Oct 2024:
Nicholls (Trustee) v Australian Securities and Investments Commission, in the matter of Lawson (No 2) [2024] FCA 1181
BANKRUPTCY AND INSOLVENCY - application by Court appointed receiver for discharge following payment of remuneration, costs and expenses - application granted - orders made
Judge: Halley J - 8 Oct 2024:
Specialised Welding Australia Pty Ltd v Disselkoen [2024] FCA 1184
CORPORATIONS - application for declaration that appointment of receivers by secured creditor is invalid and creditor's security interest unenforceable - whether debt relied upon by creditor is a contingent claim extinguished upon the creditor voting in favour of a deed of company arrangement
Judge: Charlesworth J - 8 Oct 2024:
Dopking, in the matter of CHM Trading Pty Ltd [2024] FCA 1173
CORPORATIONS - insolvency - right of indemnity - application by liquidator for orders concerning realisation of trust assets - where orders sought would enable liquidator to carry on business and sell trust property to satisfy debts owing to trust creditors - whether appropriate to grant the orders sought
Judge: Sarah C Derrington J - 4 Oct 2024:
Rohrt (liquidator), in the matter of My Shared Services Pty Ltd (in liq) [2024] FCA 1146
PRACTICE & PROCEDURE - application by liquidator for suppression or non-disclosure order of parts of an affidavit supporting an application for an extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) - whether order necessary to prevent prejudice to the proper administration of justice - relevant considerations - where the…
Judge: O'Bryan J - 3 Oct 2024:
Parwan Valley Mushrooms Pty Ltd, in the matter of Parwan Valley Mushrooms Pty Ltd (in liq) [2024] FCA 1164
PRACTICE AND PROCEDURE - application for the issue of an arrest warrant - where summons issued by the Court under s 596A of the Corporations Act 2001 requiring a director of a company to attend an examination about the company's examinable affairs - where director failed to attend examination in compliance with summons - relevant considerations…
Judge: O'Bryan J - 2 Oct 2024:
Australia and New Zealand Banking Group Limited v Australian Securities and Investments Commission [2024] FCAFC 128
CORPORATIONS - breach of continuous disclosure obligations under s 674(2) of the Corporations Act 2001 (Cth) - whether primary judge erred in finding the pleaded information fell within s 677 of the Act by failing to construe and apply correctly the words "persons who commonly invest in securities" - whether primary judge erred in finding the…
Judge: Markovic, Lee and Button JJ - 1 Oct 2024:
Ruhe, in the matter of Solar and Storage Australia Pty Ltd [2024] FCA 1155
CORPORATIONS - insolvency - right of indemnity - application by liquidator concerning realisation of trust assets - where orders sought would enable liquidator to carry on business and sell trust property to satisfy debts owing to trust creditors - whether appropriate to grant the orders sought
Judge: Sarah C Derrington J - 1 Oct 2024:
PSC Insurance Group Limited, in the matter of PSC Insurance Group Limited (No 2) [2024] FCA 1153
CORPORATIONS - scheme of arrangement - second court hearing - orders sought under s 411(4)(b) of the Corporations Act 2001 (Cth) - scheme approved
Judge: Neskovcin J - 27 Sep 2024:
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 6) [2024] FCA 1160
PRACTICE AND PROCEDURE - freezing orders - continuation of injunction - where contended that respondents were knowingly involved in an intention to defraud creditors
Judge: Jackman J
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