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:
- 27 Nov 2020:
Australian Securities and Investments Commission v Rio Tinto Limited  FCA 1721
PRACTICE AND PROCEDURE - applications by second and third defendants for vacation of hearing dates - where trial proposed to be conducted by remote access technology in circumstances of COVID-19 pandemic - where second and third defendants reside in different locations and different time zones
Judge: Yates J
- 27 Nov 2020:
GetSwift Limited, in the matter of GetSwift Limited (No 2)  FCA 1733
CORPORATIONS - members' scheme of arrangement - application under s 411(4)(b) of the Corporations Act 2001 (Cth) - application to approve members' scheme of arrangement proposed for the purpose of re-domiciling a listed public company to a place outside Australia - where approval under Foreign Acquisitions and Takeovers Act 1975 (Cth) has not yet…
Judge: Farrell J
- 27 Nov 2020:
Impiombato v BHP Group Limited (No 2)  FCA 1720
REPRESENTATIVE PROCEEDINGS - shareholder class action - where claims brought on behalf of non-resident shareholders of both the respondent (an Australian company) and a United Kingdom company - whether provisions of Pt IVA of the Federal Court of Australia Act 1976 (Cth) capable of application to group members who are not residents of Australia…
Judge: Moshinsky J
- 26 Nov 2020:
De Lage Landen Pty Ltd v Blayney Crane Services Pty Ltd, in the matter of Blayney Crane Services Pty Ltd  FCA 1692
BANKRUPTCY AND INSOLVENCY - relief sought under s 293(1)(a) of the Personal Property Securities Act 2009 (Cth) - where security holder lodged registrations against the vehicles' chassis number rather than the vehicle identification number (VIN) -"inadvertence" under s 293(3)(a) - relief granted BANKRUPTCY AND INSOLVENCY - relief sought under s…
Judge: Gleeson J
- 25 Nov 2020:
McVeigh v Retail Employees Superannuation Pty Ltd  FCA 1698
PRACTICE AND PROCEDURE - non-party request for access to restricted document on Court file - whether access to Applicant's submissions should be granted where matter settled prior to hearing
Judge: Perram J
- 23 Nov 2020:
Ian Lewis Consulting Pty Ltd v Coeur De Lion Investments Pty Limited  FCA 1706
PRACTICE AND PROCEDURE - consideration of ss 33V, 33X and 33Y of the Federal Court of Australia Act 1976 (Cth) CORPORATIONS - consideration of a proposed set of arrangements for the resolution of the proceeding and other proceedings related to this proceeding including, in particular, proceeding QUD 79 of 2020 - consideration of the proposed…
Judge: Greenwood J
- 23 Nov 2020:
Coeur De Lion Investments Pty Limited v The President's Club Limited (No 2)  FCA 1705
CORPORATIONS - consideration of a proposed set of arrangements for the resolution of the proceeding and other proceedings related to this proceeding including, in particular, proceeding QUD 734 of 2019 - consideration of the proposed orders to be made in this proceeding - consideration of, and discussions with, the parties in Court as to changes…
Judge: Greenwood J
- 18 Nov 2020:
Commissioner of Taxation v Yeo as Liquidator of Ready Kit Cabinets Pty Ltd (in liq)  FCAFC 199
STATUTORY INTERPRETATION - meaning of "by, or under the authority of the administrator" - issue of relevant source of authority for the acts done to give effect to the making of payments - text, context and purpose - extrinsic material - appeal dismissed
Judge: Jagot, Davies and Markovic JJ
- 17 Nov 2020:
Quin, in the matter of Harman Properties Pty Ltd (in liq) v Harman  FCA 1671
CORPORATIONS - insolvency - former trustee company - whether liquidator should be appointed receiver and manager over the assets of the relevant trust - appropriate that liquidator be appointed receiver of the trust assets CORPORATIONS - insolvency - whether the liquidator's remuneration, costs and expenses as liquidator and receiver be paid from…
Judge: Anderson J
- 17 Nov 2020:
Zhao v Ausin Group (Australia) Pty Ltd  FCA 1659
PRACTICE AND PROCEDURE - application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01(1) of the Federal Court Rules 2011 (Cth) - whether any real issues of fact or law require proper determination at trial - summary judgment granted in part CONTRACTS - loan agreement - whether no reasonable prospect of…
Judge: Davies 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.