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.

This Sub-area does not include any personal bankruptcy matters. Bankruptcy matters fall within the General and Personal Insolvency Sub-area in the Commercial and Corporations NPA.

Corporations List matters

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.

Corporations matters before a Judicial Registrar

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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

Other general practice notes and Court developed guides which may be relevant to this Sub-area include:

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:

• Corporations Act 2001 (Cth)
• Australian Securities and Investments Commission Act 2001 (Cth)
• Cross-Border Insolvency Act 2008 (Cth)
• Insurance Act 1973 (Cth)

• 22 Jun 2022: Krejci, in the matter of Greatcell Solar Limited (in liquidation) [2022] FCA 723
  PRACTICE AND PROCEDURE - application for leave to serve Examination Summons and Order for Production outside of Australia pursuant to r 10.44 of the Federal Court Rules - application granted
  Judge: Goodman J
• 20 Jun 2022: Angel Seafood Holdings Ltd, in the matter of Angel Seafood Holdings Ltd [2022] FCA 717
  CORPORATIONS - approval of members' scheme of arrangement - second court hearing - amendment to scheme - approval given
  Judge: Beach J
• 17 Jun 2022: Arnautovic v Qaqour [2022] FCA 726
  CORPORATIONS - application by provisional liquidator of company pursuant to s 486A of the Corporations Act 2001 (Cth)
  Judge: Yates J
• 16 Jun 2022: Caddy, in the matter of Khaled El-Sheikh Pty Ltd (Administrators Appointed) [2022] FCA 703
  CORPORATIONS - application by Administrators under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs must convene the second meeting of the creditors under s 439A of the Act - where extension of time will grant the Administrators time to sell the business and make an informed recommendation, in advance of…
  Judge: Anderson J
• 16 Jun 2022: Yang v Zhang [2022] FCA 697
  CORPORATIONS - application for orders for declarations and rectification of ASIC and company register - where first defendant lodged documents with ASIC to change company details of directors and shareholdings - whether changes were made with prior agreement of plaintiff - consideration of form of relief which should be granted - whether…
  Judge: Downes J
• 16 Jun 2022: LCM Funding Pty Ltd v Stanwell Corporation Limited [2022] FCAFC 103
  CORPORATIONS - appeal from the decision of the primary judge in Stanwell Corporation Limited v LCM Funding Pty Ltd [2021] FCA 1430 - whether the primary judge ought to have found that the litigation funding scheme does not have the features of the definition of a managed investment scheme (MIS) as set out in ss 9(a)(i) and 9(a)(ii) of the…
  Judge: Middleton, Lee and Anderson JJ
• 15 Jun 2022: Bailey, in the matter of Megacrane Holdings Pty Ltd (administrator appointed) [2022] FCA 733
  CORPORATIONS - application under s 447A(1) of the Corporations Act 2001 (Cth) to modify operation of Pt 5.3A in relation to administration of company - application granted
  Judge: Yates J
• 15 Jun 2022: Crown Resorts Limited, in the matter of Crown Resorts Limited (No 2) [2022] FCA 710
  CORPORATIONS - scheme of arrangement - second court hearing - approval of scheme - approval granted
  Judge: Anderson J
• 14 Jun 2022: CBS Commercial Canberra Pty Ltd v AXIS Commercial (ACT) Pty Ltd, in the matter of CBS Commercial Canberra Pty Ltd (No 2) [2022] FCA 687
  COSTS - indemnity costs - costs on the ordinary basis - application to set aside statutory demand - where plaintiff's submissions alerted defendant to authority making it unlikely defendant would succeed - where defendant's decision to persist in its defence gave rise to a relevant delinquency or special or unusual feature justifying award of…
  Judge: Halley J
• 14 Jun 2022: Hird (liquidator), in the matter of Allmine Group Limited (in liq) (No 3) [2022] FCA 732
  CORPORATIONS - application for Court approval under s 477(2B) of the Corporations Act 2001 (Cth) - application for non-publication orders under s 37AF(1) of the Federal Court of Australia Act 1976 (Cth) - application to appoint external administrator of the company to act as a joint and several liquidator
  Judge: Yates J

• Australian Securities and Investments Commission (ASIC)