Corporations and Corporate Insolvency Sub-area
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.
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.
Schemes of Arrangement
Practitioners considering filing a scheme matter should familiarise themselves with the Schemes of Arrangement Practice Note (GPN-SOA). Prior to filing a scheme matter, practitioners should contact the National Operations Team in order to ascertain Judge availability on the proposed hearing dates. Where possible, practitioners should provide multiple date options for the first and second hearings, as well as noting the registry or possible registries of filing and the proposed filing date(s). The Court will endeavour to accommodate the hearing dates sought and will confirm whether or not a Judge has availability to accommodate the preferred dates. Practitioners should ensure that the Court is kept updated on any subsequent developments, such as any likely delays in filing the originating documents or any changes to the hearing dates sought.
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.
Practice Notes
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:
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Guides: |
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:
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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:
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Latest Judgments
- 1 May 2024:
Woodhouse, in the matter of Panoramic Resources Limited [2024] FCA 449
CORPORATIONS - application under s 21 of the Federal Court of Australia Act 1976 (Cth), s 418A of the Corporations Act 2001 (Cth) and s 90-15 of Schedule 2 - Insolvency Practice Schedule (Corporations) of the Corporations Act for declaratory relief - where administrators appointed under s 436A of the Corporations Act - where receivers and managers …
Judge: Feutrill J - 24 Apr 2024:
Windsor Family Assets Pty Ltd v Green Day Energy Pty Ltd (Administrators Appointed) (No 2) [2024] FCA 412
COSTS - application for security for costs - hopeless defence which had no chance of success - defendant must have known that defences lacked credibility - indemnity costs awarded
Judge: Derrington J - 24 Apr 2024:
Dyirranga Ltd v Deputy Commissioner of Taxation [2024] FCA 411
PRACTICE AND PROCEDURE - service of application to set aside statutory demand under s 459G(3)(b) of the Corporations Act 2001 (Cth) - where application and supporting affidavit filed via eLodgement - where copies of application and supporting affidavit served before being accepted for filing - where documents served did not include seal of Court,…
Judge: Markovic J - 23 Apr 2024:
Fine China Capital Investment Limited v Qi (No 5) [2024] FCA 415
COSTS - appropriate order as to costs of interlocutory applications - where both parties were largely unsuccessful - where ordered that each party is to bear their own costs of the applications
Judge: O'Callaghan J - 23 Apr 2024:
Giasoumi and Deane, in the matter of SLKALT Pty Ltd (in liq) [2024] FCA 403
CORPORATIONS - application for extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) - application for "shelf order" - application opposed by some interested parties - where liquidators' investigations were delayed due to claim of privilege limiting access to documents - where further investigations were necessary - relevant…
Judge: Anderson J - 19 Apr 2024:
Fitzgerald, in the matter of Tempo Holidays Pty Ltd (in liq) v Tully [2024] FCA 391
INSOLVENCY - application by liquidator against first defendant director for compensation for breach of director's duties and insolvent trading - where liquidators and director settled claim ahead of hearing - where liquidators contend second defendant insurer is liable in consequence of the settlement CORPORATIONS - breach of director's duties -…
Judge: McElwaine J - 18 Apr 2024:
Deputy Commissioner of Taxation v AGJ Businesses Pty Ltd [2024] FCA 400
CORPORATIONS -- where winding up orders have been made and the director of the company in liquidation purports to apply in the company's name to set aside those orders pursuant to s 482 of the Corporations Act 2001 (Cth), s 35A of the Federal Court of Australia Act 1976 (Cth) and rr 3.11, 39.04 or 39.05 of the Federal Court Rules 2011 (Cth)--…
Judge: Cheeseman J - 17 Apr 2024:
Trygve, in the matter of Pacquola Group Pty Ltd (Administrator Appointed) [2024] FCA 393
BANKRUPTCY AND INSOLVENCY - Application under s 90-15 of the Insolvency Practice Schedule (Corporations) contained in Schedule 2 of the Corporations Act 2001 (Cth) - where a resolution was passed in favour of a deed of company arrangement proposal - where administrator subsequently identified that the wording of the deed of company arrangement…
Judge: McEvoy J - 16 Apr 2024:
Mentha v Australian Securities and Investments Commission (Costs) [2024] FCA 375
COSTS - where proceedings dismissed by consent with no hearing on the merits - whether Respondents "in substance surrendered or capitulated" - whether Applicants entitled to costs of the proceeding - whether Respondents' conduct following judgment delivery in related proceedings unreasonable - whether Applicants entitled to indemnity costs -…
Judge: Button J - 12 Apr 2024:
Binqld Finances Pty Ltd (in liq) v Binetter [2024] FCA 361
PRACTICE AND PROCEDURE - application for summary dismissal and strike-out of cause of action - where application turns solely on a question of law - where question of law has previously been answered in a single-judge interlocutory decision of a superior court - where applicants contend that decision is plainly wrong - whether question of law…
Judge: Kennett 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.