Commercial and Corporations
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.
This Sub-area does not include any personal bankruptcy matters. Bankruptcy matters fall within the General and Personal Insolvency Sub-area in the Commercial and Corporations NPA.
Corporations List matters
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.
Schemes of Arrangement
Practitioners considering filing a scheme matter should familiarise themselves with the Schemes of Arrangement Practice Note (GPN-SOA). Prior to filing a scheme matter, practitioners should contact the National Operations Team in order to ascertain Judge availability on the proposed hearing dates. Where possible, practitioners should provide multiple date options for the first and second hearings, as well as noting the registry or possible registries of filing and the proposed filing date(s). The Court will endeavour to accommodate the hearing dates sought and will confirm whether or not a Judge has availability to accommodate the preferred dates. Practitioners should ensure that the Court is kept updated on any subsequent developments, such as any likely delays in filing the originating documents or any changes to the hearing dates sought.
Corporations matters before a Judicial Registrar
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.
Practice Notes
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:
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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:
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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:
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Latest Judgments
- 8 Oct 2026:
Registrar of the Federal Court of Australia v Mensink (Contempt) [2026] FCA 1470
CONTEMPT OF COURT – where respondent charged with contempt of court for failing to comply with amended summons for examination issued under s 596A of the Corporations Act 2001 (Cth) – where respondent is former director of company in liquidation which had its examinable affairs publicly examined – where Registrar conceded that Charge 1 should be…
Judge: RANGIAH J - 8 Oct 2026:
Amal Security Services Pty Limited (Trustee) v The APF Custody Company Pty Ltd, in the matter of The APF Custody Company Pty Ltd [2026] FCA 1486
CORPORATIONS – application to fix a later time for registration of security interests under s 588FM of the Corporations Act 2001 (Cth) – where security was not registered on the PPSR within 20 business days due to inadvertence – Court’s discretion under s 588FM enlivened – where registration made almost immediately upon notification of oversight – …
Judge: JACKMAN J - 7 Oct 2026:
Gaszewski v Harrison, in the matter of Kazmierczak (Bankrupt) [2026] FCA 1465
BANKRUPTCY – review of decision of trustee to reject proof of debt – insufficient evidence provided in proof of debt claim – debt statute barred under s 14(1)(a) of the Limitation Act 1969 (NSW) or s 13(1) of the Limitation Act 2005 (WA) – no proper foundation for request for payment under the principle in Ex parte James (1874) LR 9 Ch App 609 –…
Judge: JACKSON J - 6 Oct 2026:
Australian Securities and Investments Commission v Star Investment Group Australia Pty Ltd (No 2) [2026] FCA 1472
CORPORATIONS – previous interim ex parte freezing and travel restraint orders – investment scheme under investigation by Australian Securities and Investments Commission – Corporations Act 2001 (Cth) s 1323 – interim orders continued – orders made appointing receivers and managers to protect against dissipation of assets and enable ascertainment…
Judge: ANDERSON J - 2 Oct 2026:
Hammer Metals Limited, in the matter of Hammer Metals Limited [2026] FCA 1466
CORPORATIONS – scheme of arrangement – first hearing to convene meeting of members pursuant to s 411(1) of the Corporations Act 2001 (Cth) – proposal for acquisition of 100% of shares in plaintiff in exchange for shares in bidder – proposed concurrent demerger of Western Australian gold assets from plaintiff – demerger conducted by way of capital…
Judge: JACKSON J - 24 Sep 2026:
Ziebarth v Nayaned [2026] FCA 1459
CORPORATIONS – application for urgent interlocutory injunction to restrain first defendant from dealing with its assets or selling its business – where plaintiff claims to be a director and shareholder of first defendant – where plaintiff claims any dealing with the assets of the first defendant and sale of the business not properly authorised –…
Judge: COLVIN J - 2 Oct 2026:
Reid (Administrator), in the matter of Pint Club Incorporated (Administrators Appointed) [2026] FCA 1451
CORPORATIONS – application for orders pursuant to s 447A of the Corporations Act 2001 (Cth) – where deed enabled association under administration to trade – where association incurred further creditors by trading – where acquisition offer requires settlement of further creditors' debts – where orders sought take the form of providing for Part 5.3A …
Judge: COLVIN J - 29 Sep 2026:
Maloney v CharterLaw Legal Pty Limited [2026] FCA 1450
BANKRUPTCY – application to set aside bankruptcy notice – application to extend time to comply with bankruptcy notice under s 41(6A) of the Bankruptcy Act 1966 (Cth) – where bankruptcy notice is based on judgment debt that has been set aside – where act of bankruptcy occurred after application to set aside notice but before extension application – …
Judge: PERRAM J - 1 Oct 2026:
Du Bray & Associates Limited v Du Bray and Associates Pty Ltd (In Liquidation) (No 2) [2026] FCA 1446
PRACTICE AND PROCEDURE – whether tactical manoeuvring amounts to an abuse of process to justify summary dismissal – where evidence of forum and judge shopping – where issue was not determined in prior proceeding between related parties – held abuse of process not established. COSTS – security for costs – where applicant is a foreign corporation…
Judge: MCELWAINE J - 24 Sep 2026:
Arnautovic, in the matter of ACFS Port Logistics Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2026] FCA 1423
CORPORATIONS – application by administrators under s 447A of the Corporations Act 2001 (Cth) for relief from personal liability arising under s 443A of the Corporations Act – order sought that the administrators are justified in causing the Company to enter into an enterprise agreement – where enterprise agreement to maintain the Company’s…
Judge: YOUNAN 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.
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- Halley J
- Downes J
- Neskovcin J
National Coordinating Registrars
- Tim Luxton
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