Administrative Notice NSW 2

This Administrative Notice is REVOKED

On 25 October 2016, as part of the National Court Framework (NCF) reforms, all existing Administrative Notices were revoked and 26 new national practice notes were issued, effective immediately.

There will no longer be any administrative state-based notices.

To assist Court users to understand the changes to the practice documents, the Court has prepared:

Corporations matters

New South Wales District Registry

RTF version (113 kb)

This Administrative Notice replaces Administrative Notice NSW 2 issued on 21 May 2014.

Purpose of Notice

1.  This notice sets out the administrative arrangements for the allocation, listing and case management of Corporations matters in the New South Wales District Registry of the Court.

2. The expression Corporations matters includes matters arising under the Corporations Act 2001, the Australian Securities and Investment Commission Act 2001 and the Cross Border Insolvency Act 2008, as well as transfers and amalgamations of insurance businesses under Part 9 of the Life Insurance Act 1995 (Cth) and Division 3A of Part III of the Insurance Act 1973 (Cth).  All matters involving corporate insolvency are included, but not personal bankruptcy matters. 

Corporations Convening Judge

3.  All Corporations matters, other than Corporations Duty Judge matters and Registrar matters will initially be listed before the Corporations Convening Judge on Thursdays at 9.30 am.  The Corporations Convening Judge in NSW is Foster J.  If the Corporations Convening Judge is unavailable, arrangements will be made for matters to be listed before one of the Corporations Duty Judges. 

4.  At the first Court date, the Convening Judge will deal with any case management, interlocutory or procedural matters that arise and explore the suitability of making a mediation order. Subsequent case management of Corporations Matters will be by the Corporations Convening Judge or by another Judge in the NSW Registry to whom the matter has been referred. 

Corporations Duty Judge Matters

5.  The following Corporations matters may be dealt with by the Corporations Duty Judge:  

  • applications without a defendant, such as, but not limited to, applications under Part 5.1 (Arrangements and Reconstructions) and Part 5.3A (Administration with a view to Deed of Company Arrangement) of the Corporations Act 2001 and insurance business transfers and amalgamations;
  • ex parte applications in respect of Corporations matters, such as abridgement of time for service, interlocutory injunctions, freezing and search orders; and
  • any other application that may arise in respect of a Corporations matter that is not conveniently accommodated by filing in the Registry in the usual way. 

6.  Arrangements for hearing applications in respect of Corporations Duty Judge matters should be made directly with the associate of the Corporations Duty Judge.  Details of the Corporations Duty Judge rostered on duty are available daily in the published Court List or on Level 3 of the Law Courts Building. 

7.  For urgent applications in respect of Corporations matters out of business hours or on days other than Court sitting days, parties may contact the Law Courts Security desk on (02) 9230 8025. Arrangements will then be made to communicate with the Corporations Duty Judge.  Depending on the degree of urgency of a matter, the Corporations Duty Judge will hear it out of business hours or on days other than Court sitting days.

Corporations Duty Judges

8.  The Corporations Duty Judges in NSW and their associates’ telephone numbers are as follows:

  • Foster J - 02 9230 8514
  • Jagot J - 02 9230 8418
  • Yates J - 02 9230 8413
  • Gleeson J - 02 9230 8483

Registrar Matters

9.  Registrar matters will be dealt with in the Registrar’s Corporations List on Wednesdays at 10.15am.  Corporations matters within the delegated jurisdiction of a Registrar are set out in Schedule 2 of the Federal Court (Corporations) Rules 2000.

 

Michael Wall
NSW District Registrar

8th December 2014