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:
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Rules: |
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Notes: |
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Latest Judgments
- 28 Mar 2024:
StockCo Agricapital Pty Limited, in the matter of Webb (Bankrupt) v Webb [2024] FCA 302
BANKRUPTCY -- application by secured creditor for an order under s 33(1)(b) of the Bankruptcy Act 1966 (Cth) (the Act) allowing an amendment of a Creditor's Petition -- where the secured creditor did not set out in the Creditor's Petition particulars of its security as required by s 44 of the Act -- whether leave should be given to amend the…
Judge: Besanko J - 28 Mar 2024:
Ewok Pty Ltd as trustee for the E & E Magee Superannuation Fund v Wellard Limited [2024] FCA 296
REPRESENTATIVE PROCEEDINGS - application for approval of settlement pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) - where proceeding commenced as a "closed class" representative proceeding - where all group members entered into funding agreements with the litigation funder - whether proposed settlement is fair and…
Judge: Button J - 28 Mar 2024:
Aussie Broadband Limited v Superloop Limited [2024] FCA 312
PRACTICE AND PROCEDURE - application for interlocutory injunction - whether applicant had established prima facie case that respondent had acted for a purpose foreign to the powers contained in its constitution by issuing a notice requiring the applicant to dispose of certain shares in the respondent - whether applicant had established prima facie …
Judge: O'Callaghan J - 27 Mar 2024:
Bester, in the matter of Mirror Trading (Pty) Ltd (in liquidation) [2024] FCA 305
BANKRUPTCY AND INSOLVENCY - application for "shelf order" pursuant to s 588FF(3)(b) of the Corporations Act 2001 (Cth) in the context of a Ponzi-type scheme - company placed into liquidation by High Court of South Africa - application granted - extension of suppression order pursuant to ss 37AE, 37AF, 37AG, 37AH of the Federal Court of Australia…
Judge: McEvoy J - 27 Mar 2024:
Soong v Gleeson (Trustee), in the matter of Soong [2024] FCA 289
BANKRUPTCY - whether notice given by a trustee in bankruptcy purportedly pursuant to s 129AA(4) of the Bankruptcy Act 1966 (Cth) is valid - whether the bankrupt is discharged from bankruptcy pursuant to s 149 of the Bankruptcy Act on the three year anniversary of filing his or her statement of affairs or on the first instant of the following day - …
Judge: Markovic J - 26 Mar 2024:
Probiotec Limited, in the matter of Probiotec Limited [2024] FCA 298
CORPORATIONS - scheme of arrangement - first court hearing - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by acquisition of shares - orders made
Judge: Button J - 22 Mar 2024:
Rathner (Liquidator), in the matter of PE Capital Nominees Pty Ltd (In Liq) v Runner Investment Limited (No 2) [2024] FCA 276
PRACTICE AND PROCEDURE - application by second defendant to uphold subpoenas issued to third parties and notice to produce issued to the first defendant - review of decision made by a Registrar to set aside certain subpoenas and parts of notice to produce - application granted in part.
Judge: McEvoy J - 21 Mar 2024:
Condon (liquidator) v Hope, in the matter of Mount Yenga Contracting Pty Limited (In Liquidation) [2024] FCA 267
PRACTICE AND PROCEDURE - where plaintiffs seek orders for substituted service on defendant - Held: orders for substituted service made
Judge: Cheeseman J - 15 Mar 2024:
Endless Solar Corporation Limited v Australian Securities and Investments Commission, in the matter of Speedpanel Australia Ltd (No 3) [2024] FCA 236
CORPORATIONS - determination of the form and content of the register of members of a company following the reinstatement of the registration of the Company under s 601AH(2) of the Corporations Act 2001 (Cth) - whether a transfer of shares was registered in accordance with the company's Constitution
Judge: O'Bryan J - 13 Mar 2024:
Lakomy (liquidator), in the matter of Bennett Murada Pty Limited (in liq) [2024] FCA 245
CORPORATIONS - application under s 57 of the Federal Court of Australia Act 1976 (Cth) for an order that liquidator be appointed as receiver of trust assets - whether just and convenient to do so - orders made.
Judge: Halley 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.