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:
- 1 Apr 2020:
Elevate Brandpartners Ltd v Hammond (No 4)  FCA 421
COSTS - proper exercise of discretion to award costs in circumstances where claim discontinued with leave - whether the respondents in effect capitulated - whether the applicants in effect abandoned the proceeding - general policy of the law that the applicants should be permitted to discontinue proceedings but should usually pay the costs of the…
Judge: Stewart J
- 31 Mar 2020:
Australian Securities and Investments Commission v Merlin Diamonds Limited (No 3)  FCA 411
CORPORATIONS - application for orders winding up the defendant in insolvency pursuant to s 459B of the Corporations Act 2001 (Cth) - alternatively pursuant to s 461(1)(k) of the Corporations Act 2001 (Cth) - where company is insolvent - where Court is of the opinion that it is just and equitable that the company be wound up - whether compelling…
Judge: O'Bryan J
- 27 Mar 2020:
Oztech Pty Ltd v Public Trustee of Queensland (No 18)  FCA 399
COSTS - application for lump sum costs order - referral to Registrar of the Court for inquiry and report as a referee - whether mediation of costs questions before referral to referee preferable - liability of litigation funder for costs of appeal
Judge: Yates J
- 27 Mar 2020:
Cassimatis v Australian Securities and Investments Commission  FCAFC 52
CORPORATIONS - consideration of whether the primary judge erred in concluding that the appellants, Mr and Mrs Cassimatis, engaged in conduct in contravention of s 180(1) of the Corporations Act 2001 (Cth) (the "Act") - consideration of the construction of the text of s 180(1) and the history of the development of that section of the Act -…
Judge: Greenwood, Rares and Thawley JJ
- 23 Mar 2020:
Zyber Holdings Limited v Bakos, in the matter of Zyber Holdings Limited  FCA 387
CORPORATIONS - statutory demands - application to set-aside statutory demand - whether a genuine dispute between the plaintiff and the defendant about the existence or amount of a debt to which the demand relates under Corporations Act 2001 (Cth) s 459H - where alleged debt flows from unpaid invoices for services rendered as company secretary -…
Judge: Gleeson J
- 20 Mar 2020:
Weston (Liquidator), in the matter of Leetong Pty Limited (in liquidation)  FCA 372
CORPORATIONS - voluntary winding up - surplus in liquidator's hands - distribution of surplus - conflicting claims concerning proper distribution of surplus shares - liquidator seeking direction as to proposed distribution of surplus shares
Judge: Gleeson J
- 20 Mar 2020:
ComfortDelGro Corporation Australia Pty Ltd, in the matter of ComfortDelGro Corporation Australia Pty Ltd  FCA 378
CORPORATIONS - financial reporting - relief under ASIC Class Order - group of companies - deed of cross guarantee - 1998 Class Order - 2016 Class Order - necessity to file opt in notices - consequences of failure to file opt in notices - failure to comply with financial reporting and lodging requirements under ss 292(1), 301, 314 and 319 of…
Judge: Beach J
- 19 Mar 2020:
C.A.R.E. Employment & Training Services Pty Ltd, in the matter of C.A.R.E. Employment & Training Services Pty Ltd  FCA 374
CORPORATIONS - application for leave for liquidators to become administrators - commercial advantage to creditors - proponents of deed of company arrangement funding conversion - disclosure requirements
Judge: McKerracher J
- 18 Mar 2020:
Shire Lind Developments (NSW) Pty Ltd v Lords Property Group Pty Ltd, in the matter of Shire Lind Developments (NSW) Pty Ltd  FCA 360
CORPORATIONS - application to set aside a creditor's statutory demand - identification of date of service of statutory demand - whether application to set aside creditor's statutory demand was filed and served in time
Judge: Gleeson J
- 17 Mar 2020:
Impiombato v BHP Group Limited  FCA 350
PRACTICE AND PROCEDURE - application for stay of civil proceeding pending the determination of criminal proceedings relating to the same subject-matter - where criminal proceedings had been commenced in Brazil against a wholly-owned subsidiary of the respondent and certain individuals relating to the failure of a tailings dam in Brazil - where the …
Judge: Moshinsky 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.