What it does
The Federal Court (Corporations) Rules 2000 establish the detailed practice and procedure for all proceedings in the Federal Court of Australia brought under the Corporations Act 2001, the Australian Securities and Investments Commission Act 2001 or the Cross-Border Insolvency Act 2008. Rule 1.3 provides that the Rules apply to proceedings commenced on or after their commencement date, while pre-commencement proceedings continue under earlier rules unless the Court orders otherwise. Division 15A applies specifically to Cross-Border Insolvency Act matters involving debtors other than individuals. Where the Corporations Act, ASIC Act or these Rules do not adequately cover a matter, rule 1.8 empowers the Court to give directions on practice and procedure. The Rules operate alongside the general Federal Court Rules 2011, which apply to the extent they are relevant and not inconsistent.
The instrument is divided into 17 Divisions. Division 1 sets out preliminary matters including citation, definitions and time calculation. Division 2 governs proceedings generally, including the use of originating processes in Form 2 and interlocutory processes in Form 3. Subsequent Divisions address specific applications: compromises and arrangements under Part 5.1 of the Corporations Act (Division 3); inquiries into controllers and external administrations (Division 4); winding-up proceedings (Division 5); provisional liquidators (Division 6); liquidators (Division 7); special managers (Division 8); remuneration of office-holders (Division 9); winding up generally (Division 10); inquiries, examinations and orders against persons concerned with corporations (Division 11); warrants (Division 11A); takeovers and securities (Division 12); appeals authorised by the Corporations Act (Division 14); proceedings under the ASIC Act (Division 15); cross-border insolvency (Division 15A); powers of Registrars (Division 16); and transitional provisions (Division 17).