Federal Court Proceedings
Proceeding No. VID1646/2025
On 15 December 2025, the Administrators applied to the Federal Court of Australia seeking orders that the deadline for them to convene the second meeting of the creditors of OneSteel Manufacturing Pty Limited (Administrators Appointed) is further extended to 30 September 2026.
The Administrators also sought orders permitting them to convene the second meeting of the creditors at any time before the end of the Convening Period on 30 September 2026 by giving the creditors five business days’ notice of the second meeting.
The application was heard on Wednesday 17 December 2025 and the Honourable Justice Neskovcin made orders granting the relief sought by the Administrators. Her Honour also ordered that any creditor, or person with a sufficient interest in the orders, can apply to the Court for a variation of the orders but only after giving the Administrators three days’ prior notice of their application. Justice Neskovcin published her reasons for judgment together with the orders.
Court documents
In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) ACN 004 651 325
- Originating process - further extension of convening period - sealed
- Affidavit of Lara Luisa Wiggins sworn 15 December 2025 - sealed
- Plaintiffs' Outline of Submissions - 16 December 2025
- Affidavit of Patrick Michael O'Neill (with annexure) - 16 December 2025
- Sealed Orders of the Honourable Justice Neskovcin - 17 December 2025
- Hams (Administrator), in the matter of OneSteel Manufacturing Pty Ltd (Administrators Appointed) (No 2) [2025] FCA 1651
Federal Court Proceedings No. VID 420/2025
On 2 April 2025, the Administrators applied to the Federal Court seeking orders that the purported Lease between OneSteel Manufacturing Pty Ltd (Administrators Appointed) ACN 004 651 325 (OneSteel) and Whyalla Ports Pty Ltd ACN 153 225 364 (Whyalla Ports) is void ab initio, unenforceable and of no legal effect; that the Notice of Termination and Re-Possession dated 27 March 2025 and issued to Whyalla Ports on behalf of OneSteel is valid and effective; and that Part 5.3A of the Corporations Act 2001 (Cth) is to operate in relation to OneSteel as if the liquidator disclaimer provisions contained in section 568 of the Corporations Act 2001 (Cth) apply to it.
The application was listed for a first case management hearing on Monday 7 April and the Honourable Justice Moshinsky made timetabling orders.
The proceeding is listed for hearing at 10:15 am on Monday 5 May 2025 before the Honourable Justice O’Callaghan.
Court documents
In the matter of OneSteel Manufacturing Pty Limited (administrators appointed) ACN 004 651 325
- Originating Process – 2 April 2025
- Affidavit of Michael Korda (sealed) (with annexure) – 2 April 2025
- Affidavit of Raphael Leibler (sealed) (with annexure) – 4 April 2025
- Affidavit of Laura Johns (sealed) (with annexure) – 7 April 2025
- Orders of Moshinsky J – 7 April 2025
- Affidavit of Laura Johns affirmed 14 April 2025 (sealed) – 17 April 2025
- Affidavit of Laura Johns affirmed 17 April 2025 (sealed) – 17 April 2025
- Affidavit of Theunis Victor (sealed) – 17 April 2025
- Affidavit of Laura Johns – 23 April 2025
- Affidavit of Nathan Collins (sealed) 25 April 2025
- Orders of O’Callaghan J – 29 April 2025
- Notice of Cross Claim (sealed) – 30 April 2025
- Golding Contractors Pty Ltd’s Short Submissions for the hearing on 29 April 2025 (sealed) – 1 May 2025
- First Defendant's Short Points of Claim (sealed) – 8 May 2025
- Plaintiff’s Points of Claim (sealed) – 8 May 2025
- First Defendant's Points of Reply (sealed) – 14 May 2025
- Second Defendant’s Points of Reply (sealed) – 14 May 2025
- Plaintiffs’ Points of Reply (sealed) – 19 May 2025
- Orders of O’Callaghan J – 21 May 2025
- Affidavit of Stacie Khuan Starcevich (sealed) – 26 May 2025
- Orders of O’Callaghan J – 27 May 2025
- Notice of Acting – Change of Lawyer – 11 June 2025
- Second Affidavit of Stacie Khuan Starcevich (sealed) – 2 June 2025
- Orders of O’Callaghan J – 3 June 2025
- Notice of Discontinuance – 5 June 2025
- Notice of Amended Cross-Claim – 12 June 2025
- Affidavit of Raphael Leibler (sealed) – 13 June 2025
- First Defendant and Cross-Claimants Points of Claim (sealed) – 13 June 2025
- Interlocutory Application (sealed) – 13 June 2025
- Second Defendant’s Points of Reply – 13 June 2025
- Plaintiff’s Points of Reply – 21 June 2025
- Orders of O’Callaghan J – 27 June 2025
Proceeding No. VID 325/2025
On 17 March 2025, the Administrators applied to the Federal Court of Australia seeking a twelve-month extension to the deadline for them to convene the Second Meeting of the creditors of OneSteel Manufacturing Pty Limited (Administrators Appointed) (Convening Period). Under section 439A(5)(b) of the Corporations Act 2001 (Cth), the Second Meeting was required to be convened by 20 March 2025.
The Administrators sought orders extending the Convening Period to end on 20 March 2026. The Administrators also sought orders permitting them to convene the Second Meeting of the creditors at any time before the end of the Convening Period on 20 March 2026 by giving the creditors five business days’ notice of the Second Meeting.
The application was heard on Tuesday, 18 March 2025 and the Honourable Justice Neskovcin made orders granting the relief sought by the Administrators. Her Honour also ordered that any person unhappy about the extension to the Convening Period for the Second Meeting can apply to the Court for a variation of the orders, but only after giving the Administrators three days prior notice of their application. Justice Neskovcin published her reasons for judgment together with the orders.
Court documents
In the matter of OneSteel Manufacturing Pty Limited (Administrators Appointed) ACN 004 651 325
- Originating Process – 17 March 2025
- Affidavit of Lara Wiggins (with annexure) – 17 March 2025
- First Plaintiffs' Outline of Submissions - 17 March 2025
- Affidavit of Raphael Leibler (with annexure) – 18 March 2025
- Sealed Orders of the Hon Justice Neskovcin – 18 March 2025
- Hams (Administrator), in the matter of Onesteel Manufacturing Pty Ltd (Administrators Appointed) [2025] FCA 219 – 18 March 2025
Proceeding No. VID 214/2025
On 27 February 2025, the Administrators applied to the Federal Court seeking orders that, at any meeting of creditors under Part 5.3A of the Corporations Act 2001 (Cth), each employee of OneSteel Manufacturing Pty Ltd (Administrators Appointed) who is a member of the unions listed below had duly appointed a union nominated attorney to be his or her attorney for the meeting(s), save for any employee who attends any meeting(s) in person or who appoints an alternative proxy.
The application was made in relation to employees who are members of the following unions:
- Australian Workers’ Union (AWU);
- Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU);
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and
- Construction, Forestry and Maritime Employees Union (CFMEU).
The application was heard on Friday, 28 February 2025 and the Honourable Justice Moshinsky made orders granting the relief sought by the Administrators.