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.
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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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
- 30 Nov 2022:
Senatore, in the matter of Autotech Services (ACT) Pty Ltd (in liq) [2022] FCA 1450
BANKRUPTCY AND INSOLVENCY - application by liquidator of trustee company for appointment as a receiver of trust property - approval of receiver's remuneration, past and future - dispensing with requirements for security and guarantee
Judge: Stewart J - 30 Nov 2022:
Tayar v Feldman [2022] FCA 1432
BANKRUPTCY AND INSOLVENCY - application for review of a sequestration order made by a registrar - hearing de novo - where parties to the proceeding are rabbis and are each adherents to the Chabad Lubavitch movement, an orthodox Hasidic movement within Judaism - where parties entered into an agreement to refer the disputes which had arisen between…
Judge: Markovic J - 29 Nov 2022:
Haycraft v AF1 Services Pty Ltd [2022] FCA 1441
PRACTICE AND PROCEDURE - application for stay of proceeding for just and equitable winding up of the first defendant and replacement of it as trustee of two trusts - where plaintiff and second defendant gave undertaking to bank that they would not take action to remove trustee of one of the trusts - whether undertaking given to bank was also given …
Judge: Stewart J - 28 Nov 2022:
Ashton v Pope [2022] FCA 1425
PRACTICE AND PROCEDURE - service - ex parte interlocutory application for leave to serve originating application overseas - where respondent resident in the United States of America - where service to be implemented under Hague Convention - where causes of action include breach of directors' duties under the Corporations Act 2001 (Cth) - whether…
Judge: Banks-smith J - 25 Nov 2022:
Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 3) [2022] FCA 1420
PRACTICE AND PROCEDURE - case management -disagreement over form of orders for the appointment of a referee for inquiry and report in accordance with s 54A of the Federal Court of Australia Act 1976 (Cth) - orders for discovery
Judge: O'Bryan J - 23 Nov 2022:
R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Confidentiality Orders) [2022] FCA 1443
PRACTICE AND PROCEDURE - suppression and non-publication orders - swingeing applications in competing representative proceedings for confidentiality orders - Pt VAA of the Federal Court of Australia Act 1976 (Cth) - information concerning financial positions of applicants - consideration of principles of open justice - applications allowed in…
Judge: Lee J - 22 Nov 2022:
ThinkSmart Limited, in the matter of ThinkSmart Limited (No 2) [2022] FCA 1414
CORPORATIONS - application to approve scheme of arrangement pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) - transfer of shares of company to takeover vehicle, paid for by sale of company's share assets on market - consideration of procedural matters - consideration of exercise of discretion - scheme approved - orders made
Judge: Jackson J - 18 Nov 2022:
Hamilton, in the matter of Aquagenics Pty Ltd (in liq) v Tasmanian Water & Sewerage Corporation Pty Ltd (No 2) [2022] FCA 1370
CORPORATIONS - application by liquidator pursuant to s 90-15 of Schedule 2 to the Corporations Act 2001 (Cth) and s 447A concerning the recovery and distribution of proceeds of judgment obtained in proceeding seeking an indemnity pursuant to a contract of insurance - where court earlier answered three preliminary questions - what relief, including …
Judge: O'Callaghan J - 16 Nov 2022:
MOQ Limited, in the matter of MOQ Limited (No 2) [2022] FCA 1364
CORPORATIONS - members' scheme of arrangement - second court hearing - application pursuant to s 411(4)(b) of the Corporations Act 2001 (Cth) (Act) for approval of scheme - fairness - voter turnout at scheme meeting - exemption from compliance with s 411(11) of the Act - application granted
Judge: Halley J - 15 Nov 2022:
CEE t/as Electricity Wizard Pty Ltd (In Liq) (Receivers Appointed) v Electricity Wizard Pty Ltd [2022] FCA 1351
PRACTICE AND PROCEDURE - respondents' application for summary dismissal of claims of the second applicant based on an agreement between the second applicant and second respondent allegedly releasing the second and first respondent from any claims by the second applicant - application made pursuant to s 31A(2) of the Federal Court of Australia Act…
Judge: O'Sullivan J
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