Federal Court of Australia

Corporations Matters - Administrative Arrangements (2002/2)

Note: This Practice Note has been superseded.

The purpose of this notice is to advise of new administrative arrangements relating to the handling of Corporations Matters in the New South Wales District Registry of the Court.

Panel

1. There is a Corporations Law Panel (“the Panel”) consisting, until further notice, of the following Judges:

2. The positions of all panel coordinators are rotated on a two-yearly basis. The first Coordinator of the Panel is Hely J (to 1 January 2004).

Return Date – “Corporations Judge”

3. For the first six months after 1 January 2002, the role of Corporations Judge mentioned below will be filled each week by one of EmmettJ, HelyJ and AllsopJ, who organise the weekly roster among themselves.

4. At the expiration of six months from 1 January 2002, one of the three Corporations Judges will be replaced in that capacity by another Panel Judge, and from then at the end of every three months period a further Corporations Judge will be similarly replaced.

5. Save for urgent matters, all matters arising under the Corporations Act 2001 and the Australian Securities & Investment Commission Act 2001 are returnable promptly before a Registrar on a fixed day of the week, preferably Friday (“the Corporations Day”).

6. Every Corporations Day, the Corporations Judge sits to deal with the proceedings referred to in par 10 below.

7. Urgent applications under a provision of either of the Acts mentioned may be made any day of the week directly to the Corporations Judge. The Administrative Arrangements governing Duty Judge Matters apply to the extent possible and with necessary adjustments.

Hearing and Allocation for Hearing

8. The Registrar deals with all matters within the Registrar's delegation which the Registrar considers appropriate to be dealt with by the Registrar.

9. Except for the matters identified in pars 8 and 10, the Registrar promptly refers matters to the Registry for immediate random allocation to a Panel Judge's docket in the usual way, making, as necessary, directions for a timetable or for other procedural steps, and noting any estimates that have been given of the hearing time required.

10. Without limiting par7, the Registrar refers the following matters to the Corporations Judge:

(a) applications under a provision of either of the Acts mentioned which are ex parte (including applications in relation to schemes of arrangement), are uncontroversial, involve a short hearing or are urgent;

(b) matters within the Registrar's delegation which the Registrar considers inappropriate to be dealt with by the Registrar.

11. The Corporations Judge on any particular day deals with:

(a) applications made to the Corporations Judge pursuant to par7;

(b) matters referred to the Corporations Judge by the Registrar pursuant to par10; and

(c) any matter which was before the Corporations Judge in previous weeks but not finalised, in circumstances where it is not desirable that the matter remain with the Corporations Judge who heard the matter initially.

Transfer by Corporations Judge

Where appropriate, the Corporations Judge may transfer a matter to the Duty Judge or to the Registrar.

John Mathieson
District Registrar

29 May 2002