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)

• 11 Sep 2025: Albarran v Reynolds, in the matter of Mercedes Group Pty Ltd (in liquidation) [2025] FCA 1129
  PRACTICE AND PROCEDURE – application for a freezing order under s 23 of the Federal Court of Australia Act 1976 (Cth) and Div 7.4 of the Federal Court Rules 2011 (Cth) – prima facie good arguable case for final relief – danger of defendants absconding, removing assets from the jurisdiction or disposing or otherwise dealing with them within the…
  Judge: FEUTRILL J
• 9 Sep 2025: Metledge v Woori International Pty Ltd, in the matter of TJM Holdings Group Pty Ltd [2025] FCA 1130
  PRACTICE AND PROCEDURE – Application to stay winding up orders of a registrar pending final determination of an application for review of a decision of a registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – application for injunction restraining liquidators from making payments and taking steps to finalise…
  Judge: HALLEY J
• 12 Sep 2025: Lin v Chu [2025] FCAFC 130
  TRUSTS AND TRUSTEES – where respondents invested in secured income mortgage fund for purpose of obtaining a significant investor visa – where primary judge found that corporate trustee of fund committed breaches of trust by making three improper loans – where breaches of trust were dishonest and fraudulent – where primary judge found that…
  Judge: O’CALLAGHAN, O’BRYAN AND VANDONGEN JJ
• 12 Sep 2025: Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) (No 4) [2025] FCA 1132
  CORPORATIONS – public examinations underway – production of documents ordered from third party corporate entity and person with disclosed addresses in New Zealand – application for leave to serve orders in New Zealand in accordance with the law of New Zealand – orders made
  Judge: BANKS-SMITH J
• 11 Sep 2025: Queensland Nickel Sales Pty Ltd v Park (Liquidators) of Queensland Nickel Pty Ltd (in liq) [2025] FCAFC 129
  PRACTICE AND PROCEDURE – whether leave to appeal required pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) – whether judgment or order appealed from is final or interlocutory – where directions provided to liquidators by way of judicial advice – where judgment and orders were interlocutory – leave to appeal required PRACTICE…
  Judge: MARKOVIC, HALLEY AND WHEATLEY JJ
• 3 Sep 2025: Hogan (liquidator) v McCorkell, in the matter of McCorkell & Associates Pty Ltd (in liq) (No 2) [2025] FCA 1115
  CORPORATIONS – interlocutory process initiated by liquidator seeking approval of entry into two deeds amending a funding agreement and a deed of indemnity pursuant to s 477(2B) of the Corporations Act 2001 (Cth) – where deeds of variation give rise to obligations which may remain in effect for more than three months – whether plaintiffs were…
  Judge: SHARIFF J
• 10 Sep 2025: Ashton v Pope (No 2) [2025] FCA 1121
  PRACTICE AND PROCEDURE – cross-vesting application to cross-vest Federal Court of Australia proceedings to the Supreme Court of Western Australia – where various extant proceedings in the Supreme Court of Western Australia relating to same factual foundation of conduct of affairs of Welldog Pty Ltd – where parties seek transfer by consent – where…
  Judge: BANKS-SMITH J
• 3 Sep 2025: Duxton Dairies (Cobram) Pty Ltd, in the matter of Duxton Dairies (Cobram) Pty Ltd [2025] FCA 1118
  CORPORATIONS – scheme of arrangement – first court hearing – application for orders under s 411 of the Corporations Act 2001 (Cth) – all-scrip consideration with ability to elect to receive 20% in cash – break fee in excess of 1% guideline – large shareholders subject to escrow arrangement – other considerations – orders made convening meetings
  Judge: OWENS J
• 10 Sep 2025: Krejci (liquidator) v Panella, in the matter of Richmond Lifts Pty Ltd (in liq) (No 3) [2025] FCA 1114
  CORPORATIONS – interlocutory application to set aside the appointment of provisional liquidators and receivers on the basis of a conflict – where the provisional liquidators and receivers of defendant companies are also liquidators of plaintiff companies – consideration of access to books and records where liquidators are on both sides of the…
  Judge: MOORE J
• 2 Sep 2025: R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (in liq) (Separation of Issues) [2025] FCA 1097
  REPRESENTATIVE PROCEEDINGS – Part IVA proceedings necessarily involve bifurcation of issues – challenging the assumption that causation of loss and contravention need to be determined at the same time – distinction between ex-ante and ex-post analysis to determine contravention – discussion of the utility and difficulty of event study analysis…
  Judge: LEE J

• Australian Securities and Investments Commission (ASIC)