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)

• 23 Sep 2021: Run Capital Investments Pty Ltd as trustee for the Mirum Trust v P5K Pty Ltd [2021] FCA 1156
  PRACTICE AND PROCEDURE - discovery - scope of discovery - no points of principle COSTS - costs of abandoned application - no points of principle
  Judge: Derrington J
• 20 Sep 2021: Empired Limited, in the matter of Empired Limited [2021] FCA 1141
  CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by transfer of shares - performance risk - break fee - exclusivity - director recommendation
  Judge: McKerracher J
• 17 Sep 2021: Dickerson, in the matter of Disability Services Australia Limited (administrators appointed) (No 2) [2021] FCA 1133
  CORPORATIONS - companies in administration - application for extension of convening periods pursuant to ss 439A(6) and 447A(1) of the Corporations Act (Cth) and/or cl 90-15 of the Insolvency Practice Schedule (Corporations)
  Judge: Yates J
• 16 Sep 2021: Kogan v Rogulj, in the matter of Rogulj Enterprises Pty Ltd (in liq) [2021] FCA 1137
  CORPORATIONS - application by liquidators for leave nunc pro tunc to join multiple defendants to the proceeding pursuant to r 9.05 of the Federal Court Rules 2001 (Cth) - application to extend the time for service of an originating process pursuant to r 1.10 of the Federal Court (Corporations) Rules 2000 (Cth) and r 1.39 of the Federal Court Rules …
  Judge: Yates J
• 10 Sep 2021: RnD Funding Pty Limited v Goldus Pty Limited (Subject to a Deed of Company Arrangement) [2021] FCA 1096
  CORPORATIONS - application by cross-claimant for declaratory relief as to security interest in mining equipment claimed to be in possession of cross-defendants - where cross-claimant claims substantial funds owed to it by owner of property secured under general security deed - where owner of property in default under general security deed -…
  Judge: Colvin J
• 10 Sep 2021: Sanderson, in the matter of Taylorsix Pty Ltd (in liq) [2021] FCA 1123
  CORPORATIONS - application by liquidator under s 57 of the Federal Court of Australia Act 1976 (Cth) to be appointed receiver of trust assets - where corporate trustee is trustee of a self-managed superannuation fund - where trust deed removes the corporate trustee upon external administration of the company - where the company is a disqualified…
  Judge: Cheeseman J
• 10 Sep 2021: Goldus Pty Ltd (Subject to a Deed of Company Arrangement) v Cummins (No 4) [2021] FCA 1095
  CORPORATIONS - application for declarations that mining tenements held by plaintiff not subject of security interest in favour of fourth defendant - application for declarations that fourth defendant not taken valid control or possession of tenements - where fourth defendant and plaintiff entered into joint venture agreement to carry out…
  Judge: Colvin J
• 9 Sep 2021: Australian Securities and Investments Commission v Westpac Securities Administration Limited, in the matter of Westpac Securities Administration Limited [2021] FCA 1008
  BANKING AND FINANCIAL INSTITUTIONS - enforcement and remedies - pecuniary penalties for contraventions of s 961K of the Corporations Act 2001 (Cth) - penalties sought by plaintiff not opposed by defendants - whether quantum of penalty appropriate
  Judge: O'Bryan J
• 8 Sep 2021: Tracy, in the matter of In2Food Australia Pty Ltd [2021] FCA 1104
  CORPORATIONS - application under s 439A(6) of the Corporations Act 2001 (Cth) to extend the period in which the first plaintiffs must convene the second meeting of the creditors of the second to eighth plaintiffs under s 439A(1) - where the first plaintiffs have been pursuing a sale and / or recapitalisation of the companies in administration -…
  Judge: Cheeseman J
• 7 Sep 2021: Future Invented Pty Ltd v Gebaut Environment Pty Ltd, in the matter of Gebaut Environment Pty Ltd [2021] FCA 1034
  PRACTICE AND PROCEDURE - Costs - Application for review of the exercise by the Registrar of the power of the Court to make an order as to costs under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) - where substantive proceedings were dismissed - where Registrar ordered the plaintiff's costs to be paid in a fixed amount - where defendant …
  Judge: Cheeseman J

• Australian Securities and Investments Commission (ASIC)