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:
- 17 May 2022:
Queensland Nickel Sales Pty Ltd v Queensland Nickel Pty Ltd (in liq) (No 3)  FCA 564
CORPORATIONS - application for leave to proceed against company in liquidation pursuant to s 471B Corporations Act 2001 (Cth) - proposed proceeding relates to challenges to entitlement of former trustee to indemnity from trust assets - whether utility in granting leave to bring this proceeding where liquidators have sought directions in separate…
Judge: Downes J
- 17 May 2022:
Australian Securities and Investments Commission v Ultiqa Lifestyle Promotions Limited (in liq)  FCA 561
CORPORATIONS - whether contraventions of ss 961L and 912A Corporations Act 2001 (Cth) - whether holder of Australian financial services licence took reasonable steps to ensure that its representatives complied with ss 961B, 961G and 961J Corporations Act 2001 (Cth) - where representatives engaged in process of selling interests in managed…
Judge: Downes J
- 16 May 2022:
Palladium Holdings Pty Limited, in the matter of Palladium Holdings Pty Limited (No 2)  FCA 563
CORPORATIONS - scheme of arrangement - second court hearing - order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) to approve scheme of arrangement - scheme approved
Judge: Yates J
- 13 May 2022:
Pleash (Liquidator), in the matter of SFG Relocations Pty Ltd v Fourie  FCA 552
PRACTICE AND PROCEDURE - interlocutory application for two main questions at trial to be determined separately - where questions are discrete and involve different defendants - order for separation of questions granted PRACTICE AND PROCEDURE - interlocutory application for discovery in relation to books of company in liquidation - where…
Judge: Stewart J
- 13 May 2022:
Holland v BT Securities Limited  FCA 539
PRACTICE AND PROCEDURE - interlocutory application - application for discovery pursuant to r 20.13 of the Federal Court Rules 2011 (Cth) - whether the making of the order sought will facilitate the just resolution of the proceedings as quickly, inexpensively and efficiently as possible - whether the order sought will require a party to discover…
Judge: O'Sullivan J
- 12 May 2022:
One Corporate Trust Services Ltd v MLSP Assets Pty Ltd in its capacity as trustee for the MLSP Assets Trust  FCA 555
CORPORATIONS - securities - general security deed - collateral being all present and after acquired property- grantor acting in capacity as trustee - security under general security deed - securing of obligations under loan note subscription agreement - registration under the Personal Property Securities Act 2009 (Cth) - incomplete registration…
Judge: Beach J
- 12 May 2022:
Umberto Pty Ltd (in liq) v Candelori, in the matter of Umberto Pty Ltd (in liq)  FCA 551
PRACTICE AND PROCEDURE - application for leave to rely on a cross-claim filed out of time - where there has been a significant delay in the filing of the cross-claim - where the cross-defendant does not consent to leave being granted to the cross-claimants to rely on the cross-claim - where the cross-claimants contend that there is substantial…
Judge: Cheeseman J
- 12 May 2022:
CBS Commercial Canberra Pty Ltd v Axis Commercial (ACT) Pty Ltd, in the matter of CBS Commercial Canberra Pty Ltd  FCA 544
CORPORATIONS - application to set aside statutory demand - adjudication determination pursuant to the Building and Construction (Security of Payment) Act 2009 (ACT) (SOPA) - whether offsetting claims that have been rejected by adjudicator can be relied upon for purposes of Corporations Act 2001 (Cth) s 459H - whether in truth offsetting claims -…
Judge: Halley J
- 11 May 2022:
Passey v South American Trading Company Pty Ltd as trustee for the Gardner Family Trust No 4 (No 2)  FCA 537
COSTS - assessment of costs in oppression proceeding where claim dismissed - whether appropriate to award costs on indemnity basis - where plaintiff brought proceedings against directors - whether plaintiff acted unreasonably in the conduct of the proceeding - where plaintiff refused formal offers
Judge: Downes J
- 10 May 2022:
Hamilton, in the matter of Aquagenics Pty Ltd (in liq) v Tasmanian Water & Sewerage Corporation Pty Ltd  FCA 530
CORPORATIONS - application by liquidator pursuant to s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) and s 447A concerning the recovery and distribution of proceeds of judgment obtained in proceeding seeking an indemnity pursuant to a contract of insurance - where liquidator sought orders and directions that he was justified and acting…
Judge: O'Callaghan J
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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.