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)

• 10 Jul 2019: 611 Pty Ltd (in liq), in the matter of 611 Pty Ltd (in liq) (No 3) [2019] FCA 858
  CORPORATIONS - application by receivers to use trust funds to pay for liabilities incurred in the course of the receivership
  Judge: Yates J
• 8 Jul 2019: Gindalbie Metals Limited, in the matter of Gindalbie Metals Limited (No 2) [2019] FCA 1066
  CORPORATIONS - scheme of arrangement - application for orders to approve two schemes of arrangement - where low attendance by shareholders at the meetings - where late service on three shareholders - orders made approving both schemes
  Judge: Colvin J
• 3 Jul 2019: Spicers Limited, in the matter of Spicers Limited (No 2) [2019] FCA 1110
  CORPORATIONS - members' scheme of arrangement - second court hearing - order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme of arrangement - whether conditions precedent to scheme have been satisfied or waived - whether scheme should be approved where condition precedent is waived - whether director who is to receive…
  Judge: O'Bryan J
• 2 Jul 2019: Forth v R Developments Pty Ltd [2019] FCA 1004
  CORPORATIONS - whether a deed of company arrangement should be declared void or terminated -whether the deed is prejudicial to the creditors - whether the deed failed to meet requirements of Pt 5.3A of the Corporations Act 2001 (Cth) - whether the deed can be terminated on grounds of an omission or effect of the deed resulting in an injustice -…
  Judge: Jagot J
• 28 Jun 2019: Pleash, in the matter of Equititrust Limited (in Liquidation) (Receiver Appointed) [2019] FCA 1063
  CORPORATIONS - judicial advice - approval of settlement - whether the first plaintiffs were justified and acted reasonably in causing the second plaintiff to enter into the settlement deed
  Judge: Jagot J
• 28 Jun 2019: Carpenders Park Pty Ltd (as trustee of the Carpenders Park Pty Ltd Staff Superannuation Fund) v Sims Metal Management Limited [2019] FCA 1040
  PRACTICE AND PROCEDURE - representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) - application for common fund order - where notices sent to all potential group members - where no effective objection received - where funder proposed interim common fund order with cap on its commission of a maximum of 25% of net…
  Judge: Rares Acj
• 28 Jun 2019: Squirrel Limited v Cadmon Advisory Pty Ltd [2019] FCA 1006
  PRACTICE AND PROCEDURE - party seeking release from undertaking given to the Court - whether there has been a material change in circumstances such that the continuation of the undertaking would be unjust - application granted CORPORATIONS - application for interlocutory injunction to restrain the appointment of a receiver - whether applicant has…
  Judge: O'Bryan J
• 27 Jun 2019: Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2019] FCA 1029
  PRACTICE AND PROCEDURE - application for transfer to the Hobart Registry - where the parties are located in Hobart - where the books and records of the company are located in Hobart - where likely witnesses are located in Hobart - where the majority in value of creditors are located in Brisbane - application adjourned
  Judge: Reeves J
• 27 Jun 2019: Simba Global Pty Ltd v IFOTA Pty Ltd [2019] FCA 1020
  CORPORATIONS - access to books of company - whether order should be made under s 247A(1) of the Corporations Act 2001 (Cth)
  Judge: Moshinsky J
• 27 Jun 2019: Elevate Brandpartners Ltd v Hammond [2019] FCA 1103
  PRACTICE AND PROCEDURE - application for interlocutory injunctive relief - whether arguable case - whether balance of convenience favours granting of injunctions - where respondents' proffered undertakings dealing with most of the applicants' grounds of complaint
  Judge: Stewart J

• Australian Securities and Investments Commission (ASIC)