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:
- 1 Jul 2022:
Georges (Liquidator), in the Matter of SIRA Pty Ltd (In Liquidation)  FCA 768
PRACTICE AND PROCEDURE - service of a document outside the jurisdiction - where the plaintiffs seek leave to serve an order on a company in Singapore pursuant to r 10.44 of the Federal Court Rules 2001 (Cth) - where the order requires a foreign company through its company secretary to attend for examination and produce documents - where the…
Judge: McEvoy J
- 30 Jun 2022:
Diakos v Pacific Steel Constructions Pty Ltd, in the matter of Pacific Steel Constructions Pty Ltd (No 2)  FCA 759
CORPORATIONS - application for leave to proceed against first to seventh defendants under s 444E(3) of the Corporations Act 2001 (Cth) - application under s 447A of the Act for further variation of deeds of company arrangement to allow time to complete refinancing - absence of prejudice to creditors - extension in the interests of creditors -…
Judge: Goodman J
- 29 Jun 2022:
Huber V CellOS Software Ltd (in liq)  FCA 744
PRACTICE AND PROCEDURE - application for extension of time and for leave to appeal from a decision of the Federal Court pursuant to r 36.05 of the Federal Court Rules 2011 (Cth) - where respondent company is in liquidation - where proceeding stayed under s 500(2) of the Corporations Act 2001 (Cth) - where no application for leave to proceed…
Judge: McElwaine J
- 28 Jun 2022:
Ao Qing Investment Pty Ltd v 52 Lord St East Perth Pty Ltd  FCA 743
CORPORATIONS - shareholders of company in dispute - application by each shareholder for leave to bring proceedings in name of company under s 237 of Corporations Act 2001 (Cth) - consideration of requirements of s 237 - requirements fulfilled - no conflict in granting two applications for leave to bring proceedings in name of company - leave…
Judge: Jackson J
- 28 Jun 2022:
ACN 002 402 146 Pty Ltd (manager appointed) (in liq) (formerly known as Tome Bros Pty Ltd) v Ken Crossman & Co Pty Ltd  FCA 749
TRADE PRACTICES - where the applicant is a company which was a licensed real estate agent and operated trust accounts under the Property Stock and Business Agents Act 1941 (NSW) and the Property Stock & Business Agents Act 2002 (NSW) - where a director of the applicant withdrew money from the trust accounts for his own purposes from at least 2002…
Judge: Farrell J
- 27 Jun 2022:
Horne, in the matter of Horne  FCA 753
BANKRUPTCY AND INSOLVENCY - Uncontested application for replacement of liquidator, administrator and trustee of bankrupt estates - Where the current liquidator, administrator and trustee is resigning by reason of his retirement - Resigning liquidator, administrator and trustee and the replacement appointees are partners of the same firm - Where…
Judge: McEvoy J
- 23 Jun 2022:
Tracy, in the matter of Linchpin Capital Group Limited (in liq)  FCA 739
CORPORATIONS - application by liquidators pursuant to section 477(2A) of the Corporations Act 2001 (Cth) for approval of the compromise of a debt owed to the company in liquidation by entry into a settlement deed - where the liquidators have formed the view that compromise of the debt and entry into the settlement deed is in the best interests of…
Judge: Cheeseman J
- 22 Jun 2022:
Krejci, in the matter of Greatcell Solar Limited (in liquidation)  FCA 723
PRACTICE AND PROCEDURE - application for leave to serve Examination Summons and Order for Production outside of Australia pursuant to r 10.44 of the Federal Court Rules - application granted
Judge: Goodman J
- 20 Jun 2022:
Angel Seafood Holdings Ltd, in the matter of Angel Seafood Holdings Ltd  FCA 717
CORPORATIONS - approval of members' scheme of arrangement - second court hearing - amendment to scheme - approval given
Judge: Beach J
- 17 Jun 2022:
Arnautovic v Qaqour  FCA 726
CORPORATIONS - application by provisional liquidator of company pursuant to s 486A of the Corporations Act 2001 (Cth)
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.