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 Sep 2019:
Thomas, in the matter of La La Land Byron Bay Pty Ltd (in liq) (No 2)  FCA 1559
CORPORATIONS - application to set aside a summons on the basis that it was an abuse of process - where the interlocutory applicant claimed the summons was used to obtain a forensic advantage and as a "dress rehearsal" for cross-examination - application dismissed
Judge: Reeves J
- 20 Sep 2019:
Australian Securities and Investments Commission v Merlin Diamonds Limited  FCA 1546
CORPORATIONS - application for appointment of provisional liquidators to the defendant pending hearing of winding up application made pursuant to ss 464 and 651(1)(e) and (k) of the Corporations Act 2001 (Cth) -whether there is reasonable prospect that winding up order will be made - whether sufficient reason shown for intervention pending hearing …
Judge: O'Bryan J
- 18 Sep 2019:
Mohen (Liquidator), in the matter of Willco Breads Pty Ltd (in liq)  FCA 1539
CORPORATIONS - insolvency - trustee company - where all assets held as trustee - where trustee ceased to be the trustee of the trust upon liquidation - where certain assets already purportedly sold by liquidators - where liquidators seek to realise remaining assets - where liquidators sought orders under s 57 of the Federal Court Act 1976 (Cth) to …
Judge: Banks-smith J
- 17 Sep 2019:
Crowley v WorleyParsons Limited (No 2)  FCA 1535
Judge: Gleeson J
- 16 Sep 2019:
Nicols, in the matter of Anatax Pty Ltd (in liquidation)  FCA 1528
CORPORATIONS - application by liquidator under s 477(2B) of the Corporations Act 2001 (Cth) for approval of deeds assigning beneficial interest of choses in action owned by second plaintiff to the Commissioner of Taxation - where only creditor of second plaintiff is the Commissioner - consideration of relevant principles
Judge: Perram J
- 16 Sep 2019:
Sheraz Pty Ltd v Rumsley  FCA 1522
COSTS - application for injunction - any injunction rendered unnecessary by passage of time - application to be discontinued - no order as to costs
Judge: Jackson J
- 12 Sep 2019:
Ruralco Holdings Limited, in the matter of Ruralco Holdings Limited (No 2)  FCA 1507
CORPORATIONS - members' scheme of arrangement - application under s 411 of the Corporations Act 2001 (Cth) for orders to approve scheme - application granted
Judge: Farrell J
- 12 Sep 2019:
Kidman Resources Limited, in the matter of Kidman Resources Limited (No 2)  FCA 1513
CORPORATIONS - members' scheme of arrangement - second court hearing - order sought approving scheme under s 411(4)(b) of the Corporations Act 2001 (Cth) - no issue arising for particular consideration - approval given
Judge: O'Callaghan J
- 10 Sep 2019:
Eagle, in the matter of Sphere Healthcare Pty Ltd (Administrators Appointed)  FCA 1492
CORPORATIONS - application for extension of convening period for second meeting of creditors - application granted
Judge: Yates J
- 9 Sep 2019:
Weston in his capacity as liquidator of Starcom Group Pty Ltd (in liq) v Rajan  FCA 1455
PRACTICE AND PROCEDURE - adoption of referee's report - question of solvency of company during a specified time period - report adopted
Judge: Stewart 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.