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:
- 20 Jun 2019:
Staatz v Berry, in the matter of Wollumbin Horizons Pty Ltd (in liq) (No 3)  FCA 924
CORPORATIONS - liquidation - court orders or directions in winding up as to manner in which trust property is to be applied - company holding land on constructive trust TRUSTS - constructive trusts - company promoted scheme to establish commune - subscribers to have beneficial interest in land by unit in unit trust - unit trust fails and commune…
Judge: Derrington J
- 19 Jun 2019:
Pilato as liquidator of Energy Services Invironmental Pty Ltd (in liq) v Wallace  FCA 958
Judge: Griffiths J
- 17 Jun 2019:
Sanda v PTTEP Australasia (Ashmore Cartier) Pty Ltd (No 5)  FCA 932
EVIDENCE - rulings on evidence
Judge: Yates J
- 14 Jun 2019:
AIG Australia Limited v Kaboko Mining Limited  FCAFC 96
INSURANCE - professional indemnity insurance - directors and officers liability policy - appeal from decision of primary judge on preliminary question - whether an insolvency exclusion precluded cover under the policy for the claims made by the first respondent - proper construction of the insolvency exclusion - whether the subject matter of the…
Judge: Allsop CJ, Derrington and Colvin JJ
- 13 Jun 2019:
Murray River Organics Limited, in the matter of Murray River Organics Limited  FCA 931
CORPORATIONS - application under s 1322(4)(c) of Corporations Act 2001 (Cth) (Act) for relief of company and its current and former directors and officers from civil liability in respect of failure of company to lodge certain forms and comply with financial reporting obligations - where failure to lodge opt-in notice for relief under ASIC…
Judge: Anderson J
- 12 Jun 2019:
Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 3)  FCA 879
CORPORATIONS - application for determination or fixing of remuneration under s 449E(1)(c) and s 511 of the Corporations Act 2001 (Cth) - where the Australian Securities and Investments Commission intervened in the proceeding pursuant to s 1330 of the Act CORPORATIONS - whether the plaintiffs' remuneration should be further reduced by reference to…
Judge: Besanko J
- 11 Jun 2019:
Evans v Davantage Group Pty Ltd  FCA 884
CONTRACTS - representative proceedings - separate question - motor vehicle warranties - construction of contracts including incorporated terms of product disclosure statements - discretionary risk products - 26,000 warranty holders - 49 common form products applying to the total class giving rise to the same question - whether consideration or…
Judge: Beach J
- 7 Jun 2019:
Deputy Commissioner of Taxation, in the matter of The Mai Family Pty Ltd (in liq) v The Mai Family Pty Ltd (in liq)  FCA 865
CORPORATIONS -- interlocutory application by a liquidator for directions or orders under s 90-15 of the Insolvency Practice Schedule (Corporations) in the Corporations Act 2001 (Cth), r 2.2(2) of the Federal Court (Corporations) Rules 2000 (Cth) and s 57(1) of the Federal Court of Australia Act 1976 (Cth) -- whether it is appropriate to give a…
Judge: Besanko J
- 7 Jun 2019:
Australian Securities and Investment Commission v Whitebox Trading Pty Ltd (No 7)  FCA 849
CORPORATIONS - securities index arbitrage trading - alleged market manipulation - whether the placement of certain orders for XJO Securities, including certain order cancellations and reductions, in the Pre-Open Phase were made for the purpose of affecting Opening Prices in the Opening Single Price Auction of the market conducted by the Australian …
Judge: Yates J
- 6 Jun 2019:
Spectur Limited, in the matter of Spectur Limited  FCA 867
CORPORATIONS - application for orders extending the period for issuing cleansing notices under s 708A of the Corporations Act 2001 (Cth) - where no trading in the shares since their issue - where no substantial injustice if orders made - where proper basis demonstrated for making the orders - application allowed - orders sought with retrospective…
Judge: Colvin 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.