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:
- 14 Jan 2022:
Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufactures Pty Limited (No 2)  FCAFC 1
COSTS - question reserved for consideration of the Full Court over objection of the defendant - where outstanding defences raised by the defendant remain for determination - where defendant was unsuccessful on the special case - costs reserved
Judge: Allsop CJ, Middleton and Derrington JJ
- 7 Jan 2022:
Ball, in the matter of ACN 605 650 182 Pty Ltd (in liq)  FCA 2
CORPORATIONS - application by liquidator for approval of entry into a funding agreement and costs agreement pursuant to section 477(2B) of the Corporations Act 2001 (Cth) - where agreements are sought to be entered into for the purpose of funding and prosecuting potential claims available to the companies in liquidation - where the expiry of the…
Judge: Cheeseman J
- 22 Dec 2021:
Evans v Davantage Group Pty Ltd (No 4)  FCA 1634
REPRESENTATIVE PROCEEDINGS - undistributed remainder of settlement sum - competing claims to the residual - application of s 33V(2) of the Federal Court of Australia Act 1976 (Cth) - relevance of equitable principles - relevance and scope of cy-pres doctrine - power to impose a cy-pres analogue remedy - potential windfall gain to group members -…
Judge: Beach J
- 21 Dec 2021:
Securities and Exchange Board of India v MiiResorts Group 1 Pty Ltd (No 2)  FCA 1646
PRACTICE AND PROCEDURE - distribution of funds held on trust to investors affected by the operation of a "Ponzi" scheme - where funds transferred to India to be administered by a committee constituted by the Securities and Exchange Board of India (SEBI) - where undertaking given and secured by a conditional bond - where only 65 per cent of funds…
Judge: Lee J
- 21 Dec 2021:
Bridging Capital Holdings Pty Ltd v Self Directed Super Funds Pty Ltd  FCA 1625
CORPORATIONS - valuation of shares pursuant to an order made to purchase shares under s 233(1)(d) of the Corporations Act 2001 - where order for majority shareholder to purchase shares of minority shareholder made by consent - where no finding of oppression by majority shareholder - where shareholders' relationship has broken down - whether a…
Judge: Stewart J
- 21 Dec 2021:
Jolan Pty Ltd v Essential Investments Pty Ltd (No 3)  FCA 1627
CORPORATIONS - oppression proceedings - appropriate remedy pursuant to s 233 Corporations Act 2001 (Cth) - existing and proposed shareholders are prepared and able to purchase plaintiff's shares - whether consideration of other remedies should be deferred to enable shares to be acquired COSTS - whether indemnity costs order should be made against…
Judge: Downes J
- 20 Dec 2021:
Brooks (liquidator), in the matter of NB Contracting Pty Ltd (in liq) v JAMP Hardware Pty Ltd  FCA 1612
COSTS - liquidator not taking steps to discontinue a proceeding in circumstances where she did not intend to further pursue her claim - proceeding dismissed for want of prosecution - whether change or clarification of law after proceeding commenced a basis for denying liability for costs - liquidator to pay Respondent's costs
Judge: Kerr J
- 17 Dec 2021:
Dixon, in the matter of Right Fast Capital Pty Ltd (administrators appointed)  FCA 1638
CORPORATIONS - applications for extension of the convening period for the holding of the second meeting of creditors required by s 439A(2) of the Corporations Act 2001 (Cth)
Judge: Yates J
- 17 Dec 2021:
Boardman (liquidator) v Australian Boutique Spirits Pty Ltd, in the matter of Europa International Pty Ltd (in liq) (No 2)  FCA 1614
CORPORATIONS - application by former officeholders for reinstatement of deregistered companies under section 601AH(2) of the Corporations Act 2001 (Cth) - where the deregistered companies
Judge: Cheeseman J
- 17 Dec 2021:
Ausin Group (Australia) Pty Ltd v Zhao  FCA 1601
PRACTICE AND PROCEDURE - application for leave to appeal - where the primary judge made orders for discovery of documents of the applicant - whether primary judge had no power under s 79 of the Judiciary Act 1903 (Cth) to apply New South Wales laws or exercise jurisdiction over a justiciable controversy that arises solely under New South Wales law …
Judge: Anderson 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.