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)

• 10 Jan 2020: Perera v Genworth Financial Mortgage Insurance Pty Limited, in the matter of Perera [2020] FCA 11
  Judge: Farrell J
• 3 Jan 2020: Campbell-Wilson (administrator), in the matter of Ceres Agricultural Company Pty Ltd (Subject to Deed of Company Arrangement) [2020] FCA 4
  CORPORATIONS - application by administrators of a company subject to a deed of company arrangement (DOCA) to extend the "Condition Precedent Satisfaction Date" in the DOCA - time extended
  Judge: Griffiths J
• 24 Dec 2019: Krejci, in the matter of Camporeale Properties Pty Ltd (in liq) [2019] FCA 2199
  CORPORATIONS - where the company in liquidation is a bare trustee - where there is uncertainty as to liquidators' power to dispose of trust property - appointment of liquidator as receiver and manager of the trust property - statutory power to appoint receiver - circumstances in which a receiver and manager will be appointed by the court - Federal …
  Judge: Collier J
• 23 Dec 2019: Carter, in the matter of Townsville Electronics Service Centre Pty Ltd (In Liquidation) v Sinclair [2019] FCA 2178
  CORPORATIONS - consideration of an application for orders that judgment be entered in respect of contraventions of the Corporations Act 2001 (Cth) and related orders for recovery of compensation or damages arising out of the particular contraventions
  Judge: Greenwood J
• 23 Dec 2019: Clubb, in the matter of DS Opco Pty Ltd (administrators appointed) (receivers and managers appointed) [2019] FCA 2206
  CORPORATIONS - application for extension of convening period for second meeting of creditors of a group of companies pursuant to s 439A(6) of the Corporations Act 2001 (Cth) - where application made before the first meeting of creditors - where extension sought was for a period of six months - where receivers and managers are appointed - where…
  Judge: Farrell J
• 23 Dec 2019: Tiger Resources Limited, in the matter of Tiger Resources Limited [2019] FCA 2186
  CORPORATIONS - creditors' scheme of arrangement - first court hearing - application for permanent stay of proceeding dismissed - effect of exclusive jurisdiction clause - whether proposed scheme an arrangement - class constitution - scheme meeting ordered to be convened - application granted
  Judge: Gleeson J
• 23 Dec 2019: Clarke v Australian Computer Society Incorporated [2019] FCA 2175
  CORPORATIONS - claim by member of incorporated association to set aside special resolution passed at general meeting of that association and the resulting permission given by the registrar-general under the Associations Incorporation Act 1991 (Cth) to the association to apply to the Australian Securities & Investments Commission for…
  Judge: Wigney J
• 20 Dec 2019: Hammond v Quayeyeware Pty Ltd, in the matter of Quayeyeware Pty Ltd [2019] FCA 2207
  CORPORATIONS - directors' right of access to company information COSTS - proceeding dismissed by consent as need for substantive relief fallen away - each party sought that the other party pay their costs - plaintiffs reasonable in pursuing proceeding and ultimately substantially successful - defendant to pay the costs of the proceeding
  Judge: Stewart J
• 20 Dec 2019: Novonix Limited, in the matter of Novonix Limited [2019] FCA 2198
  CORPORATIONS - offer of securities under share purchase plan - failure to give 'cleansing notice' within 24 hours before making offer - application for orders to validate offer and extend time under ASIC instrument for giving of notice - inadvertent error - just and equitable to make orders - no substantial injustice - orders made
  Judge: Jackson J
• 20 Dec 2019: Michell, in the matter of Aizome1 Pty Ltd (in liq) v Millar [2019] FCA 2169
  PRACTICE AND PROCEDURE - application for summary judgment pursuant to section 31A of the Federal Court of Australia Act 1976 (Cth) - where defendant has not taken any step in proceeding - where defendant has no reasonable prospect of successfully defending proceeding CORPORATIONS - company in liquidation - unreasonable director-related…
  Judge: O'Bryan J

• Australian Securities and Investments Commission (ASIC)