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)

• 18 Sep 2023: Goyal, in the matter of Halo Food Co. Limited (administrators appointed) (receivers and managers appointed) [2023] FCA 1135
  CORPORATIONS - application for an extension of the convening periods for creditors' meetings under s 439A(6) of the Corporations Act 2001 (Cth)
  Judge: Yates J
• 18 Sep 2023: Krejci, in the matter of Union Standard International Group Pty Limited (No 8) [2023] FCA 1054
  CORPORATIONS - application by liquidators for orders under s 90-15 Schedule 2 - Insolvency Practice Schedule (Corporations) 2016 to the Corporations Act 2001 (Cth) or s 63 of the Trustee Act 1925 (NSW) - where orders sought include judicial guidance on whether the liquidators are justified and acting reasonably in continuing two extant proceedings …
  Judge: Cheeseman J
• 15 Sep 2023: Noah's Ark Veterinary Services Pty Ltd v Hudson [2023] FCA 1094
  CORPORATIONS - application for leave to bring derivative suit on behalf of company - where concurrent family law proceedings before Federal Circuit and Family Court of Australia (Division 2) - whether criteria for leave under s 237 of the Corporations Act 2001 (Cth) satisfied - whether applicant acting in good faith - whether grant of leave in…
  Judge: Perram J
• 14 Sep 2023: Impiombato v BHP Group Limited (No 3) [2023] FCA 1104
  PRACTICE AND PROCEDURE - discovery - representative proceeding - shareholder class action - whether to order non-standard discovery (as sought by the applicants) - whether categories of discovery proposed by the applicants appropriate - where class action relating to the same events on foot in the UK - where overlap of issues between the UK…
  Judge: Moshinsky J
• 14 Sep 2023: Essential Metals Limited, in the matter of Essential Metals Limited [2023] FCA 1101
  CORPORATIONS - scheme of arrangement - first hearing to convene meeting of members pursuant to s 411(1) of the Corporations Act 2001 (Cth) - proposal for acquisition of shares - consideration of prerequisites and relevant matters - independent expert concluded proposal not fair but reasonable - capital raising - exclusivity provisions - directors' …
  Judge: Jackson J
• 7 Sep 2023: United Malt Group Limited, in the matter of United Malt Group Limited [2023] FCA 1071
  CORPORATIONS - scheme of arrangement - first court hearing - application for order under s 411(1) of the Corporations Act 2001 (Cth) to convene meeting of members
  Judge: Yates J
• 7 Sep 2023: Newcrest Mining Limited, in the matter of Newcrest Mining Limited [2023] FCA 1080
  CORPORATIONS - scheme of arrangement - scheme concerning shares - s 411(1) of the Corporations Act 2001 (Cth) - first court hearing - orders for convening a meeting of shareholders
  Judge: Beach J
• 6 Sep 2023: Chesser Resources Limited, in the matter of Chesser Resources Limited (No 2) [2023] FCA 1067
  CORPORATIONS - Scheme of arrangement - order sought under s 411(1) of the Corporations Act 2001 (Cth) - duty and responsibility of Scheme proponent - orders made for convening of shareholders' meeting - role of the Australian Securities and Investments Commission - exercise of discretion - performance risk - exclusivity provisions - breach fees -…
  Judge: Feutrill J
• 6 Sep 2023: Carbon Revolution Limited, in the matter of Carbon Revolution Limited (ACN 128 274 653) [2023] FCA 1081
  CORPORATIONS - scheme of arrangement - first court hearing - applicable principles - whether statutory prerequisites to the making of orders convening a meeting have been met - whether it is appropriate for the Court to exercise its discretion in favour of making orders - held: orders made convening scheme meeting
  Judge: Moshinsky J
• 6 Sep 2023: Queensland Nickel Sales Pty Ltd v Park in his capacity as liquidator of Queensland Nickel Pty Ltd (in liq) [2023] FCAFC 150
  TRUSTS AND TRUSTEES - where second respondent (QNI) was former trustee of assets of a joint venture between second and third appellants - whether primary judge erred in finding that the claim by the liquidators of QNI (GPLs) for the funding premium the subject of the litigation funding agreement dated 13 September 2016 between QNI and third…
  Judge: Markovic, Banks-smith, Halley JJ

• Australian Securities and Investments Commission (ASIC)