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.
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.
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.
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:
|General Practice Notes:|
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:
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:
- 14 May 2021:
Australian Securities and Investments Commission v Bettles (No 2)  FCA 516
CORPORATIONS - consideration, on the papers in light of written submissions, of the disposition of the costs reserved by orders made on 28 October 2020
Judge: Greenwood J
- 13 May 2021:
Rohrt, in the matter of Rose Guerin and Partners Pty Ltd (in liq) v Princes Square W24NY Pty Ltd  FCA 483
CORPORATIONS - application for declarations as to ownership of vehicle - vehicle subject to finance from third party intervener - company defaults under finance agreement - company in liquidation - liquidator purported to disclaim vehicle under s 568(1)(d) of the Corporations Act 2001 (Cth) - liquidator obtains warrant to seize property of the…
Judge: Anderson J
- 12 May 2021:
Rathner (liquidator), in the matter of Garrows Close Pty Ltd (in liq)  FCA 505
CORPORATIONS - bare trustee - insolvency of corporate trustee - winding up of trust - necessary powers - s 63 of Trustee Act 1958 (Vic) - power of sale - orders and directions - s 90-15 of Schedule 2 (Insolvency Practice Schedule (Corporations)) to Corporations Act 2001 (Cth) - analogous application of Parts 5.5 and 5.6 to application and…
Judge: Beach J
- 12 May 2021:
Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd  FCA 491
PRACTICE AND PROCEDURE -- application for summary judgment or dismissal of proceeding -- whether applicant has standing to bring proceeding -- whether applicant is proper party to bring causes of action alleged in statement of claim -- whether respondents have a valid defence to applicant's claims -- whether respondents entitled to summary…
Judge: Besanko J
- 11 May 2021:
Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in liq) (No 4)  FCA 487
PRACTICE AND PROCEDURE - application for dismissal of proceedings on basis of abandonment by trustee or failure to provide security for costs - application by plaintiffs for extension of time to provide security - where proceedings stayed for number of years - where failure to provide security unexplained - application for extension refused -…
Judge: Colvin J
- 10 May 2021:
Badenoch Integrated Logging Pty Ltd v Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed)  FCAFC 64
CORPORATIONS - voidable transactions - unfair preferences - interpretation of s 588FA of the Corporations Act 2001 (Cth) - whether there was a continuing business relationship in the form of a running account - whether the peak indebtedness rule applies in the context of s 588FA(3) of the Act - meaning of "all transactions" - rule not applied -…
Judge: Middleton, Charlesworth and Jackson JJ
- 7 May 2021:
Bolwell (Liquidator), in the matter of Mandalay Road Holdings Pty Ltd (in liq) v Goldsmith-Medd (Trustee)  FCA 479
CORPORATIONS - application under s 57 of the Federal Court of Australia Act 1976 (Cth) for the appointment of a receiver - where the application is brought by the liquidator of an insolvent corporation which was once trustee to exercise a right of indemnity against the asset of the trust - where the application included orders which fixed the…
Judge: Reeves J
- 7 May 2021:
Wetdal Pty Ltd as Trustee for the BlueCo Two Superannuation Fund v Estia Health Limited  FCA 475
REPRESENTATIVE PROCEEDINGS - approval of settlement - preliminary orders for registration of group members - Clayton's class closure - conflicting New South Wales authority - form of notice to group members - characterisation of so called "contingent extinguishment" of claims - exercise of power under s 33ZF(1) of the Federal Court of Australia…
Judge: Beach J
- 6 May 2021:
Frege in his Capacity as Foreign Representative of Greensill Bank AG v Greensill Bank AG (No 2)  FCA 510
BANKRUPTCY AND INSOLVENCY - cross-border insolvency - German insolvency proceeding - application for recognition as a foreign proceeding and foreign main proceeding pursuant to the UNCITRAL Model Law on Cross-Border Insolvency, Schedule 1 to the Cross-Border Insolvency Act 2008 (Cth) - whether to stay actions or proceedings concerning the debtor's …
Judge: Anastassiou J
- 4 May 2021:
Redflex Holdings Limited, in the matter of Redflex Holdings Limited (No 2)  FCA 474
CORPORATIONS - application for directions under s 1319 of the Corporations Act 2001 (Cth) - where scheme consideration has been increased - issue of supplementary scheme bookle
Judge: Yates J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.