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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| Guides: |
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
- 10 Jul 2026:
Diakou v Yeo (liquidator), in the matter of ACN 152 259 839 Pty Ltd (in liquidation) [2026] FCA 896
CORPORATIONS — liquidation — application for leave to appeal — summonses for examination against various individuals under orders made pursuant to s 596B of the Corporations Act 2001 (Cth) — applications to set aside orders for examination and summonses — application for adjournment of the hearing of the applications to set aside — adjournment…
Judge: BEACH J - 10 Jul 2026:
Tacora Capital, LP v Mine & Rail Company Pty Ltd (Administrators Appointed), in the matter of Mine & Rail Company Pty Ltd [2026] FCA 903
CORPORATIONS – application for an interlocutory injunction to prevent the signing of a Deed of Company Arrangement proposed by the second defendant following a resolution of creditors approving the entry by the company into that Deed – where the plaintiff contends that the administrators of the company wrongly limited its vote with respect to a…
Judge: GOODMAN J - 8 Jul 2026:
Sozou v Bardella, in the matter of Dropshaft Pty Ltd (in liquidation) [2026] FCA 890
PRACTICE AND PROCEDURE – application by plaintiffs to join multiple defendants to a proceeding under s 588FF of the Corporations Act 2001 (Cth) – application granted
Judge: GOODMAN J - 7 Jul 2026:
Qoria Limited, in the matter of Qoria Limited (No 2) [2026] FCA 880
CORPORATIONS – scheme of arrangement – application for approval of scheme under s 411(4)(b) of the Corporations Act 2001 (Cth) – acquisition of 100% of shares in plaintiff in return for CHESS Depository Interests in stock of acquirer – scheme approved by necessary majorities of shareholders – orders made approving scheme
Judge: JACKSON J - 5 May 2026:
Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 5) [2026] FCA 747
PRACTICE AND PROCEDURE — application by plaintiff for judgment in default against second and third defendants — where second and third defendants failed to file defences within 28 days of the service of the proceedings — judgment in default entered against second and third defendants — damages to be assessed
Judge: O'SULLIVAN J - 3 Jul 2026:
Copeland (Liquidator) v Berry, in the matter of GCGroup Pty Ltd (in liq) [2026] FCA 867
PRACTICE AND PROCEDURE – application for default judgment – where defendant has been served with all relevant documents and is aware of the application – where defendant has not engaged with communications or demonstrated any intention to participate in proceedings – where pleaded facts, if accepted, establish each element of liability and entitle …
Judge: JACKMAN J - 21 May 2026:
Cooper (Administrator) in the matter of Merit Group Australia Pty Ltd [2026] FCA 746
PRACTICE AND PROCEDURE — application by plaintiff for declaration that the plaintiff has been validly appointed as one of two voluntary administrators — where application is brought because a foreign company contends it is a shareholder in the company under administration and that the appointment of the voluntary administrators is invalid — where…
Judge: O'SULLIVAN J - 1 Jul 2026:
Bad Wolf Purchasing Pty Ltd v Du Bray and Associates Pty Ltd (No 3) [2026] FCA 854
PRACTICE AND PROCEDURE – application for a non-party costs order against an individual – where the individual directed the commencement of the proceeding and funded it – where the individual had a direct financial interest in success of the proceeding – held order made – no issue of principle.
Judge: MCELWAINE J - 30 Jun 2026:
Frisken (Trustee) v E K Recruitment Pty Limited (in liq), in the matter of E K Recruitment Pty Ltd (in liq) (Costs) [2026] FCA 852
COSTS – quantum of lump sum determined – where costs ordered against trustee – whether trustee entitled to be indemnified or reimbursed out of the trust fund – where trustee’s conduct of the proceedings was inefficient, and increased costs unnecessarily and unreasonably – trustee not entitled to be indemnified or reimbursed out of the trust fund…
Judge: JACKMAN J - 30 Jun 2026:
Du Bray & Associates Limited v Du Bray and Associates Pty Ltd (In Liquidation) [2026] FCA 849
PRACTICE AND PROCEDURE – application by a director and shareholder to dispense with r 4.01(2) of the Federal Court Rules 2011 (Cth) for leave to represent a corporation – lack of objectivity – application refused – no issue of principle.
Judge: MCELWAINE J
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- Tim Luxton
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