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)

• 31 Jul 2020: Australian Securities and Investments Commission v Mitchell (No 2) [2020] FCA 1098
  CORPORATIONS - directors' duties - domestic broadcast rights for the Australian Open - information flow and reporting to the board of Tennis Australia - negotiations with the Seven Network - renewal of rights agreement - existence of competitive tension - potential rival bids - relevance of exclusive negotiating period - loss of opportunity to go…
  Judge: Beach J
• 30 Jul 2020: Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Badenoch Integrated Logging Pty Ltd (No 2) [2020] FCA 1081
  COSTS - application for indemnity costs - where Calderbank offer made and notice of offer to compromise under r 25.01(1) of the Federal Court Rules 2011 (Cth) (Rules) later issued - whether defendant unreasonably rejected Calderbank offer - indemnity costs awarded only from notice of offer to compromise in accordance with r 25.14(3) of the Rules
  Judge: Davies J
• 30 Jul 2020: Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111
  CORPORATIONS - application by administrators for directions under s 90-15 of Sch 2 to the Corporations Act 2001 (Cth), the Insolvency Practice Schedule - whether unquantified risks too great - director's obligations to furnish information to administrators - whether director should be ordered to furnish information PRACTICE AND PROCEDURE - whether …
  Judge: Stewart J
• 30 Jul 2020: Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Edenborn Pty Ltd (No 2) [2020] FCA 1083
  COSTS - application for indemnity costs - Calderbank offers - notice of offer to compromise under r 25.01(1) of the Federal Court Rules 2011 (Cth) (Rules) - defendant did not act unreasonably in rejecting Calderbank offers - whether circumstances justified order inconsistent with presumption in favour of indemnity costs order in r 25.14(3) of the…
  Judge: Davies J
• 30 Jul 2020: Hughes, in the matter of Vah Newco No. 2 Pty Ltd (in liq) [2020] FCA 1121
  CORPORATIONS - application for leave to appoint liquidator - where proposed liquidators are administrators of related corporate entities - application allowed CORPORATIONS - application to truncate administration process to abridge or dispense with certain parts of administration process - application allowed
  Judge: Middleton J
• 30 Jul 2020: Bryant, in the matter of Gunns Limited (in liq) (receivers and managers appointed) v Bluewood Industries Pty Ltd (No 2) [2020] FCA 1082
  PRACTICE AND PROCEDURE - pre-judgment interest - unfair preference claims context - when demand was made for purposes of determining when cause of action arose under s 51A(1)(a) of the Federal Court of Australia Act 1976 (Cth) - whether liquidator's demand must relate specifically to all payments within "single transaction" pursuant to s 588FF(3)…
  Judge: Davies J
• 29 Jul 2020: Palladium Group Holdings Pty Ltd, in the matter of Palladium Group Holdings Pty Ltd [2020] FCA 1123
  CORPORATIONS - members' scheme of arrangement - application under ss 411(1) and 1319 of the Corporations Act 2001 (Cth) - first court hearing for members' scheme of arrangement to recapitalise and restructure proprietary company - application granted
  Judge: Farrell J
• 28 Jul 2020: Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 1) [2020] FCA 1110
  CORPORATIONS - application by administrators under s 439A(6) of the Corporations Act 2001 (Cth) for an extension of the convening period for the second meeting of creditors of the company - where substantial offshore activities, complex transactions and lack of access to corporate financial records - where more time needed for orderly disposal of…
  Judge: Stewart J
• 28 Jul 2020: Decon Australia Pty Ltd v TFM Epping Land Pty Ltd [2020] FCA 1085
  CORPORATIONS - companies in voluntary administration - deeds of company arrangement (DOCAs) to be proposed at imminent second meetings of creditors - pre-existing pending applications to wind-up the companies - interim relief sought to restrain the creditors meetings and the execution of DOCAs pending application to terminate administrations of…
  Judge: Stewart J
• 22 Jul 2020: Australian Securities and Investments Commission v MyWealth Protection Pty Ltd [2020] FCA 1034
  CORPORATIONS - winding up on just and equitable ground - Corporations Act 2001 (Cth) s 461(1)(k) - where director found to have been operating an unregistered managed investments scheme - where director no longer resides in the jurisdiction and no longer manages the company - where the company has not carried on any genuine business activities for …
  Judge: Derrington J

• Australian Securities and Investments Commission (ASIC)