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.
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.
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:
- 29 Nov 2023:
Ball, in the matter of J.W. Mailing Services Pty Ltd (in liq) (Subject to Deed of Company Arrangement)  FCA 1479
CORPORATIONS - where relief sought in Further Amended Originating Process overtaken by execution of Amended Deed of Company Arrangement (Amended DOCA) - where Amended DOCA executed following resolution passed at meeting of creditors - whether appropriate to make orders having regard to these circumstances - Held: Application dismissed
Judge: Cheeseman J
- 24 Nov 2023:
R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Reserved Question)  FCA 1499
REPRESENTATIVE PROCEEDINGS - open class securities class action - application for approval of opt out notices - where solicitors' common fund order (solicitors' CFO) proposed - where extant controversy as to power to make solicitors' CFO - where certain respondents propose to contend that the Court is bereft of power to make solicitors' CFO -…
Judge: Lee J
- 23 Nov 2023:
Mccabe, in the matter of Sargon Capital Pty Ltd (receivers and managers appointed) (in liq) (No 2)  FCA 1465
PRACTICE AND PROCEDURE - application for service of summonses for examination and orders for production outside of Australia - where there is an adequate connection between the people sought to be examined and this jurisdiction - where liquidators have made reasonable attempts to achieve personal service overseas
Judge: Stewart J
- 23 Nov 2023:
Australian Securities and Investments Commission v Bettles  FCA 1442
COSTS - application for costs to be paid on an indemnity basis - whether the plaintiff's rejection of an offer of compromise was unreasonable and imprudent - where offer made in context of civil penalty proceedings - application dismissed
Judge: Markovic J
- 23 Nov 2023:
Dixon, in the matter of Stanley Asphalt Pty Ltd (Administrator Appointed)  FCA 1475
CORPORATIONS - application pursuant to s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs must convene the second meeting of creditors under s 439A - other ancillary orders sought in relation to the conduct of the administration - whether appropriate case for extension of convening period - application…
Judge: O'Bryan J
- 23 Nov 2023:
Braz v Host-Plus Pty Ltd  FCA 1454
SUPERANNUATION - superannuation complaint - where a "scammer" fraudulently transferred the applicant's superannuation balance - where the applicant had engaged the "scammer" to set up a self-managed superannuation fund - first respondent refused to reimburse the applicant - where the Australian Financial Complaints Authority affirmed the first…
Judge: Thomas J
- 23 Nov 2023:
Australian Securities and Investments Commission v Mercer Financial Advice (Australia) Pty Ltd  FCA 1453
CORPORATIONS - where defendant holds an Australian financial services licence - defendant contravened ss 962P, 962S(1), 912A(1)(a) and (c) of the Corporations Act 2001 (Cth) and ss 12DB(1)(a), (e) and (i) of the Australian Securities and Investments Commission Act 2001 (Cth) - defendant charged ongoing fees to certain clients after the deemed…
Judge: McEvoy J
- 22 Nov 2023:
Nipps, in the matter of i-Prosperity Pty Ltd (in liq)  FCA 1446
CORPORATIONS - application for extension of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth) -where liquidators sought extension in respect of some identified potential claims and also sought a "shelf order" in respect of yet-to-be-identified potential claims - application opposed by some interested parties - where interested parties…
Judge: Button J
- 20 Nov 2023:
Capital Options (Aust) Pty Ltd v Hazratwala  FCA 1431
CORPORATIONS - liquidation - summonses for examination - leave to appeal - summonses issued under ss 596A and 596B of the Corporations Act 2001 (Cth) - application to primary judge to discharge such summonses - orders made for discharge - whether orders for discharge are an interlocutory or final judgment - objections as to competency - leave to…
Judge: Beach J
- 20 Nov 2023:
McCabe, in the matter of McCabe his capacity as deed administrator of Comlek Group Pty Ltd  FCA 1415
CORPORATIONS - whether judicial advice should be given pursuant to s 90-15 of the Insolvency Practice Schedule (IPS) as to the proper construction of the Deed of Company Arrangement (DOCA) - whether on proper construction the DOCA has inconsistent terms - Held: relief granted
Judge: Cheeseman 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.