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)

• 24 Mar 2023: Frisken v Holdsworth, in the matter of Realmark Services Pty Limited (in liq) (No 2) [2023] FCA 268
  PRACTICE AND PROCEDURE - ex parte application for extension of time for service of originating process following unsuccessful attempts at service - whether good reason to grant extension and whether any irremediable prejudice to defendant - order for extension made
  Judge: O'Bryan J
• 22 Mar 2023: White (Administrator), in the matter of Schramm Australia Holding Pty Ltd [2023] FCA 261
  CORPORATIONS - administration - Schramm group of companies - application under s 439A of the Corporations Act 2001 (Cth) for three month extension of time for convening second meetings of creditors - group administration with active sale process underway - a number of interested parties suggest timetable for sale process currently impractical -…
  Judge: Banks-smith J
• 21 Mar 2023: Australian Securities and Investments Commission v Marco (No 14) [2023] FCA 244
  CORPORATIONS - application by Court appointed Receivers for fixing remuneration and interim payment of remuneration pending determination by a Registrar - fixing of an appropriate percentage for interim payment - whether interim payment is subject to appropriate safeguards
  Judge: Feutrill J
• 17 Mar 2023: McMillan Investment Holdings Pty Ltd v Morgan (No 2) [2023] FCAFC 41
  COSTS - costs of the proceeding before the primary judge - where the appellant successfully appealed against the making of a pooling order under s 579E(1) of Corporations Act 2001 (Cth)- where the appellant had raised and failed on various subsidiary issues in the proceeding before the primary judge - where the appellant had not raised any grounds …
  Judge: Yates, Beach and Markovic JJ
• 17 Mar 2023: Essential Metals Limited, in the matter of Essential Metals Limited [2023] FCA 240
  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 acquisition of shares - performance risk - break fee - director benefits and recommendation - shareholder communications - call scripts - orders made
  Judge: Banks-smith J
• 16 Mar 2023: Taylor v Hatzipapas, in the matter of Hatzipapas (No 2) [2023] FCA 231
  BANKRUPTCY - application for orders under s 30 of the Bankruptcy Act 1966 (Cth) - respondent failed to comply with directions and requirements of his trustee in bankruptcy and with the Act - orders made
  Judge: Goodman J
• 16 Mar 2023: Castledine, in the matter of an application by Castledine [2023] FCA 249
  CORPORATIONS - automatic disqualification from management of corporation - applicant convicted of offence of communicating insider information - pleaded guilty and no other relevant offending - where seeks leave to manage private family company - application granted
  Judge: Banks-smith J
• 13 Mar 2023: Lee (Liquidator) v Gasworks Domestic Pty Ltd (in liq) as trustee for the Gasworks Domestic Unit Trust, in the matter of Gasworks Domestic Pty Ltd (in liq) [2023] FCA 221
  CORPORATIONS - winding up - corporate trustee - application to appoint a receiver to trust assets for the purposes of exercising rights of indemnity and exoneration - application allowed
  Judge: Derrington J
• 10 Mar 2023: Pearson v State of Queensland (No 3) [2023] FCA 203
  REPRESENTATIVE PROCEEDINGS - application by Administrator of the Settlement Distribution Scheme - application to amend the Scheme so as to narrow the group members who will be entitled to a distribution from the residue of the Settlement Distribution Fund - application for a substantial increase in the estimated fees to be paid to the…
  Judge: Murphy J
• 10 Mar 2023: Australian Securities and Investments Commission v Piggott Wood & Baker (A Firm) (No 7) [2023] FCA 193
  CORPORATIONS - application by liquidator of unregistered managed investment scheme for directions - whether s 601EE of the Corporations Act 2001 (Cth) permits the making of an order for the payment of unclaimed monies held by a liquidator of an unregistered scheme to ASIC to be held as if the monies are unclaimed or undistributed to be dealt with…
  Judge: McElwaine J

• Australian Securities and Investments Commission (ASIC)