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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

Other general practice notes and Court developed guides which may be relevant to this Sub-area include:

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:

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:

• Corporations Act 2001 (Cth)
• Australian Securities and Investments Commission Act 2001 (Cth)
• Cross-Border Insolvency Act 2008 (Cth)
• Insurance Act 1973 (Cth)

• 18 Jul 2025: Bad Wolf Purchasing Pty Ltd (as trustee for the Du Bray Property Trust) v Du Bray and Associates Pty Ltd [2025] FCA 814
  CORPORATIONS-insolvency-trusts and trustees-claim by successor trustee to vest trust property in possession of former insolvent trustee in particular funds held in trust bank account-right of indemnity-right of exoneration-where Court is not satisfied that the funds are trust property. INSOLVENCY PRACTICE SCHEDULE-application by liquidators for…
  Judge: MCELWAINE J
• 4 Jul 2025: Brereton (Administrator), in the matter of Whyalla Ports Pty Ltd (Administrators Appointed) (Receivers and Managers Appointed) [2025] FCA 774
  CORPORATIONS – application by administrators of a company under s 439A of the Corporations Act 2001 (Cth) (Act) to extend convening period of the second meeting of creditors and for ancillary orders under s 447A of the Act – application opposed by interested party – held: extension of convening period in the best interests of the company’s…
  Judge: O’CALLAGHAN J
• 11 Jul 2025: Binqld Finances Pty Ltd (in liq) v Binetter (settlement approval) [2025] FCA 811
  CORPORATIONS – application under s 477(2B) of the Corporations Act 2001 (Cth) for approval of a settlement agreement – where the liquidator for the six applicants seeks to be joined to the proceeding as the seventh applicant – where the liquidator seeks “retrospective” approval for entering into the settlement agreement – where, pursuant to ss…
  Judge: KENNETT J
• 28 Apr 2025: Park, In the matter of IG Power (Callide) Pty Ltd (Administrators Appointed) (No 7) [2025] FCA 808
  CORPORATIONS – voluntary administration – where recapitalisation proposal received by administrators of the IG Power Group (Recapitalisation Proposal) – whether administrations of entities in the IG Power Group (Recapitalisation Companies) be terminated – whether Recapitalisation Companies will be solvent upon implementation of Recapitalisation…
  Judge: DERRINGTON J
• 15 Jul 2025: Ford, in the matter of Fastline Logistics Pty Ltd (in liq) v Lay (costs) [2025] FCA 798
  COSTS – exercise of discretion – where plaintiff was unsuccessful in relation to claims brought against several defendants – where plaintiff was partly successful against one defendant
  Judge: ANDERSON J
• 15 May 2025: CIP Group Pty Ltd v So (No 9) [2025] FCA 694
  PRACTICE AND PROCEDURE – injunctions – variation of injunction to avoid frustration of original intention – turns upon own facts – no point of principle
  Judge: DERRINGTON J
• 15 Jul 2025: Yang v Wong, in the matter of Axis North Pty Ltd (Receiver and Manager Appointed) (in liq) (No 2) [2025] FCA 693
  CORPORATIONS – unreasonable director-related transaction within the meaning of s 588FDA of the Corporations Act 2001 (Cth) – where the applicant loaned $3.5m to a company – where the company loaned $3.5m to an intermediary – where the intermediary paid $2.8m to the respondent – where the flow of value from the company to the respondent did not…
  Judge: DERRINGTON J
• 22 May 2025: Rohrt, in the matter of Australian Cosmetic and Laser Clinic Pty Ltd (administrator appointed) [2025] FCA 797
  COMMERCIAL AND CORPORATIONS – urgent application to appoint receiver under s 57 of the Federal Court Act 1976 (Cth) – where application made by liquidator of company – where company appointed as trustee by trust deed in 2013 – where trust deed provides for disqualification of corporate trustee upon entry into administration – whether just and…
  Judge: DERRINGTON J
• 10 Jul 2025: Greenleaf Renewables Pty Ltd, in the matter of Greenleaf Renewables Pty Ltd [2025] FCA 763
  CORPORATIONS – ex parte application to fix later time under s 588FM of the Corporations Act 2001 (Cth) for registration of security interest on the Personal Property Securities Register – where delay of short duration – where delay explained – where fixing of the later time with reservation of leave not such as to prejudice the position of the…
  Judge: CHEESEMAN J
• 4 Jul 2025: Law Capital Pty Ltd v Dixon, in the matter of Accident Claims Lawyers Pty Ltd (Subject to a Deed of Company Arrangement) [2025] FCA 762
  COSTS – where settlement reached between parties in relation to plaintiff’s request for production of material from defendant – where plaintiff achieves substantive success – where defendant’s conduct could have prevented dispute – defendant pay plaintiff’s costs as agreed or assessed
  Judge: JACKMAN J

• Australian Securities and Investments Commission (ASIC)