The Corporations List is suitable for applications including those brought under the Corporations Act 2001 (Cth), the Australian Securities and Investments Commission Act 2001 (Cth), and the Cross-Border Insolvency Act 2008 (Cth).
Proceedings managed in this list include shareholder disputes including shareholder oppression proceedings, claims concerning directors' duties, winding up applications, applications by liquidators concerning companies in liquidation, applications to set aside statutory demands and applications to reinstate companies.
Judge in charge
The Honourable Justice Connock
Deputy Judge in charge
The Honourable Justice Delany
Judges, Associate Judges and Judicial Registrars manage matters within the Corporations List. They are:
- The Honourable Justice Connock
- The Honourable Justice Delany
- The Honourable Justice Robson (Reserve Judge)
- The Honourable Associate Justice Efthim
- The Honourable Associate Justice Gardiner
- The Honourable Associate Justice Randall
- The Honourable Associate Justice Hetyey
- Judicial Registrar Matthews
- Judicial Registrar Irving
The following documents provide further guidance on Corporation List proceedings.
There are often time sensitivities regarding applications to set aside statutory demands under s459G of the Corporations Act 2001 (Cth). To assist with the prompt processing of these applications, please ensure you have contacted the Commercial Court Registry on (03) 8600 2002 to obtain a hearing date prior to filing. These details must be endorsed in your Originating Process.
You are then required to prepare the following documents:
- Originating Process (Form 2) - refer to the Supreme Court (Corporations) Rules 2013 (Vic).
- A copy of the statutory demand (this can be attached to the Originating Process or as an exhibit to the Affidavit ).
- Affidavit in support.
- ASIC Search (extracted no more than 7 days prior to filing).
Omitting any of the above documentation can result in processing delays.
This information provided is a guide only. Changes to set aside application requirements may be made from time to time and it is incumbent upon practitioners to ensure that all documents are prepared in accordance with all legislative or other requirements
The Corporations – Winding Up in Insolvency List (‘Winding Up List’) deals with the applications to wind up companies in insolvency and have a liquidator appointed on the grounds the company has failed to comply with a statutory demand (s 459F of the Corporations Act 2001 (Cth)) issued under s 459E of the Corporations Act 2001 (Cth).
The Corporations Act 2001 (Cth) (the Act) stipulates the relevant steps and notice periods in seeking approval of a scheme of arrangement by the Court, with the relevant steps being:
- First hearing by a Judge - being the application to convene a scheme meeting pursuant to s 411 of the Act;
- Associate Judge hearing - pursuant to rule 16.6 of the Chapter V Rules; and
- Second hearing by a Judge - being the application to approve the scheme pursuant to s 411 of the Act.
Practitioners are asked to contact an Assistant Registrar in the Commercial Court Registry in advance of filing to arrange the listings. Please see below for contact details.
Once all hearings have been arranged, the Commercial Court Registry will email you to confirm the listing details and you may proceed to file the Originating Process on RedCrest. Please serve a copy of the email with the Originating Process.
An operation or project name may be used in communications with the Court up until the point of filing when the applicant corporation will necessarily be identified.
Enquiries regarding Corporations List proceedings should be directed to the Commercial Court Registry .
Phone: 03 8600 2002
For more information see judicial support contacts.