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:
- 24 Jan 2023:
McGuire v Sporting Shooters Association of Australia (New South Wales) Coffs Harbour Branch Inc  FCA 23
BANKRUPTCY AND INSOLVENCY - appeal from a decision of the Federal Circuit and Family Court of Australia dismissing an application for review of a registrar's orders - where registrar made a sequestration order against the estate of the appellant - whether debt truly owing - appeal dismissed
Judge: Markovic J
- 19 Jan 2023:
Ayres, in the matter of Trigon Trading Pty Ltd (Administrators Appointed)  FCA 28
CORPORATIONS - application under s 439A of the Corporations Act 2001 (Cth) for extension of time for convening second meetings of creditors - Held: extension of convening period granted, as sought
Judge: Bromwich J
- 19 Jan 2023:
Anderson, in the matter of NT Port and Marine Pty Ltd (Administrators Appointed)  FCA 3
CORPORATIONS - administrators appointed a company operating a port facility on Melville Island - port facility having importance to local economy - administrators conducting investigations to report on matters affecting the company's future - administrators seeking an extension of period in which a second meeting of creditors must be convened,…
Judge: Charlesworth J
- 18 Jan 2023:
Copeland in his capacity as liquidator of Skyworkers Pty Limited (in Liquidation) v Murace  FCA 14
PRACTICE AND PROCEDURE - interlocutory application for summary dismissal or strike out pursuant to rr 16.21 and 26.01 of Federal Court Rules 2011 (Cth) - where liquidator advances insolvent trading claims against defendant under ss 588G and 588M of Corporations Act 2001 (Cth) (Corporations Act) - whether failure to keep records gives rise to…
Judge: Halley J
- 17 Jan 2023:
Strike West Holdings Pty Ltd, in the matter of strike West Holdings Pty Ltd  FCA 15
CORPORATIONS - takeovers - off-market bid - application for extension of time for compliance with s 625(3)(c)(i) of the Corporations Act 2001 (Cth) - where solicitor relied on precedent template which contained error confusing the commencement of the offer period with the commencement of the bid period - where error perpetuated - principles…
Judge: Banks-smith J
- 16 Jan 2023:
Tucker (Administrator), in the matter of Brosa Design Pty Ltd (Administrators Appointed) (No 2)  FCA 11
CORPORATIONS - administration - extension of time for compliance with orders made to facilitate transit and delivery of customers' goods - extension in interest of creditors - extension granted
Judge: Banks-smith J
- 13 Jan 2023:
Sydney Subdivision Pty Ltd (in liq) v Chow  FCA 8
PRACTICE AND PROCEDURE - application to amend statement of claim - where statement of claim alleges respondents breached fiduciary and directors duties by entering into a sham loan arrangement - where proposed amendment alleges a different and additional sham loan arrangement - consideration of the 'relation back' rule and Weldon v Neal (1887) 19…
Judge: Colvin J
- 9 Jan 2023:
Sebie v ENA Development Pty Ltd (in liquidation) (Receiver Appointed), in the matter of ENA Development Pty Ltd  FCA 2
CORPORATIONS - application for a temporary stay of a winding up pending a review of a Registrar's decision - plaintiff, not being a creditor or contributory of the company in liquidation, lacks standing
Judge: Goodman J
- 9 Jan 2023:
Security Matters Limited, in the matter of Security Matters Limited  FCA 19
CORPORATIONS - schemes of arrangement - share scheme and option scheme - special purpose acquisition company - first court hearing - orders sought under s 411(1) of the Corporations Act 2001 (Cth) - orders made for the convening of shareholders' meeting and option-holders meeting
Judge: Anderson J
- 23 Dec 2022:
Excel Texel Pty Ltd v Wilson  FCA 1577
PRACTICE AND PROCEDURE - contested application for the vacation of lengthy securities class actions hearing - whether hearing should be vacated pending delivery of reserved judgment in regulatory proceedings - where proceedings involve overlapping factual substratum - whether the interests of justice require the hearing to be vacated - relevance…
Judge: Lee 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.