COMMERCIAL AND CORPORATIONS PRACTICE NOTE (C&C-1)
National Practice Area Practice Note 
1.	INTRODUCTION
1.1	This practice note sets out the arrangements for the management of commercial and corporations cases within the National Court Framework (“NCF”).  It:
(a)	is to be read together with the:
•	Central Practice Note (CPN-1), which sets out the fundamental principles concerning the NCF of the Federal Court and key principles of case management procedure.  The Central Practice Note is an essential guide to practice in this Court in all proceedings; and
•	the Federal Court of Australia Act 1976 (Cth) (“Federal Court Act”) and the Federal Court Rules 2011 (Cth) (“Federal Court Rules”);
(b)	takes effect from the date it is issued and to, the extent practicable, applies to proceedings whether filed before, or after, the date of issuing; 
(c)	sets out the arrangements for the management of commercial and corporations proceedings.  It is intended to set out guiding principles for the conduct of these proceedings and is not intended to be inflexibly applied.
2.	OVERVIEW AND DEFINITION 
2.1	The Commercial and Corporations NPA covers commercial and corporations disputes within federal jurisdiction, including commercial contract disputes; disputes concerning the conduct of corporations and their officers; commercial class actions; insurance disputes; financial and transactional disputes; insolvency matters, both corporate and personal; consumer claims (including regulator claims); competition matters (including economic regulator-related matters); and commercial arbitration disputes (noting that there is a separate Commercial Arbitration Practice Note (CA-1) dealing with matters specific to commercial arbitration disputes).
2.2	Within the NCF’s Commercial and Corporations NPA, there are six “Sub-areas”.  The Sub-areas broadly correspond with the core subject matter set out in paragraph 2.1 above.  The Sub-areas are:
•	Commercial Contracts, Banking, Finance and Insurance 
•	Corporations and Corporate Insolvency
•	General and Personal Insolvency
•	Regulator and Consumer Protection
•	Economic Regulator, Competition and Access
•	Commercial Arbitration
2.3	Some of the Sub-areas are more specialised than others.  The judges dealing with the work in the Sub-areas are listed on the Court’s website.
2.4	When considering any matter raised in this practice note, where relevant, regard should also be had to:
(a)	the matters set out in the following schedules (attached to this practice note) with respect to the following Sub-areas:
•	Corporations and Corporate Insolvency (“Schedule 1”); and 
•	Insurance (“Schedule 2”).
(b)	General and Personal Insolvency Sub-area Practice Note (GPI-1) in relation to matters in the General and Personal Insolvency Sub-area. 
3.	OPERATION OF COMMERCIAL AND CORPORATIONS NPA
3.1	The operation of the Commercial and Corporations NPA will be consistent across the Court nationally.  This includes the following key features:
•	A national allocations system, with a dedicated group of judges with expertise in the Commercial and Corporations NPA who will be allocated commercial and corporations matters.  
•	The Court will facilitate the use of mechanisms for the commencement of proceedings and case management that are tailored for commercial disputes so that proceedings are commenced and managed in the manner best suited to the character and needs of each case.  These mechanisms include a method for applicants to expedite proceedings, state their case concisely and the ability to utilise targeted document production and evidence procedures akin to those commonly adopted in international commercial arbitration.
•	A specialised “direct to chambers” duty mechanism for practitioners filing urgent commercial and corporations matters, with litigants in person being assisted in the first instance by contacting the Registry via the contact details published in the Daily Court Lists. 
•	The first case management hearing, which may be expedited, is critical in the case management of all commercial and corporations matters to ensure that the matter is case managed efficiently and is ready for trial at the earliest appropriate time.
•	A weekly Corporations List to be managed by Corporations List judges for each registry.
•	An Insurance List to be managed by an Insurance List Judge and Insurance List Registrars. The contact details of the Chambers of the Insurance List Judge and of the Insurance List Registrars are available on the Court’s website.
4.	URGENT APPLICATIONS
4.1	Urgent applications are to be made in accordance with the requirements of the Duty (Urgent) Applications Interim Practice Note during 3 Region Trial (GPN-DUTY). Note  that urgent duty applications (whether originating applications or interlocutory applications) in the General and Personal Insolvency Sub-area are to be dealt with by a General Duty Judge, not a Commercial and Corporations Duty Judge (parties should refer to part 7 of the General and Personal Insolvency Sub-area Practice Note (GPI-1)).
5.	COMMENCING PROCEEDINGS
5.1	Subject to the matters clarified below, the Federal Court Rules and forms, Federal Court (Corporations) Rules 2000 (Cth) (“Corporations Rules”) and Federal Court (Bankruptcy) Rules 2016 (Cth) (“Bankruptcy Rules”) apply to the commencement of proceedings in this NPA.  
5.2	A proceeding within this NPA must be commenced by filing an originating application (see r 8.01 of the Federal Court Rules, r 2.2 of the Corporations Rules and r 2.01 of the Bankruptcy Rules).
5.3	Material supporting the originating application may take one (or more) of the following forms:
(a)	a document entitled “concise statement”; or
(b)	a statement of claim or affidavit.
Concise Statement Method
5.4	A party commencing a proceeding may file a concise statement in support of an originating application.  The purpose of a concise statement is to enable the applicant to bring to the attention of the respondent and the Court the key issues and key facts at the heart of the dispute and the essential relief sought from the Court before what might be the considerable cost of preparation of detailed pleadings is incurred.  While the form of the concise statement is described in more detail below, it must first be emphasised that the concise statement is not intended to substitute the traditional form of pleading with a short form of pleading, but instead should be prepared more in the nature of a pleading summons, and may be drafted in a narrative form.
5.5	If a concise statement is filed with the originating application, no further originating material in support (whether by statement of claim or affidavit) is required to be filed until the Court orders that to be done.
5.6	The concise statement must not exceed 5 pages (including formal parts) and the Court would expect that ordinarily (except in complex cases) less than 5 pages will be necessary.  It will be plain, concise and direct in every regard.  It will omit unnecessary repetition and will do no more than summarise:
(a)	the important facts giving rise to the claim;
(b)	the relief sought from the Court (and against whom);
(c)	the primary legal grounds (causes of action) for the relief sought; and
(d)	the alleged harm suffered by the applicant, including - wherever possible - a conservative and realistic estimate or range of loss and damage.
5.7	Where a concise statement is filed, an expedited case management hearing will take place with the specific aims described in Part 8 of the Central Practice Note and at Part 6 of this practice note below.  Included within the range of options for the Court at the first case management hearing may be that the respondent be required to file a concise statement in response, which may also be drafted in a narrative form.
5.8	The Court anticipates that the majority of commercial and corporations matters will be assisted by being commenced with a concise statement.  Applicants are encouraged to consider the alternatives carefully and to select the use of a concise statement unless it is clearly not an appropriate mechanism.
5.9	The Concise Statement should contain a section in which the applicant states what issues, if any, may be suitable for report by a referee under s54A of the Federal Court of Australia Act 1976 (Cth). 
Pleading or Affidavit Method
5.10	Alternatively, a party may file a statement of claim or affidavit in support of an originating application (see r 8.05 of the Federal Court Rules) or an affidavit in support of an originating process for corporations matters (see r 2.4 of the Corporations Rules).
5.11	Where an affidavit is filed, it will be treated as a statement of the applicant’s substantive factual case in the proceeding.  
5.12	The statement of claim or affidavit should have four key components to clearly explain the applicant’s case, namely:
(a)	the material facts giving rise to the claim;
(b)	the relief sought by the applicant (and against whom); 
(c)	the legal grounds for the relief sought; and
(d)	the alleged harm suffered by the applicant, including - wherever possible - a conservative and realistic estimate or range of loss and damage.
5.13	In the supporting material (whether statement of claim or affidavit), the applicant should:
(a)	avoid prolixity and a statement of claim should, wherever possible, be kept to no more than 15 pages;
(b)	not engage in unnecessary repetition or exhaustively list peripheral alternative claims;
(c)	where stating facts, concisely state only the material facts – that is, only the facts important to proving the claim; and
(d)	where identifying legal grounds, concisely identify only the legal grounds that are realistically provable and relevant to the applicant proving the claim.
5.14	The Court anticipates that a minority of commercial and corporations matters will be more effectively commenced by a statement of claim or affidavit.  Such matters are likely to be simple, have narrow grounds of dispute, may be in the lower range of quantum claims, and will benefit from a “one-step” pleadings process.
Request for Expedition (previously “Fast Track”)
5.15	As noted in paragraph 6.5 of the Central Practice Note, where it is appropriate to do so, parties may seek an expedited or truncated hearing process and a tailored or concise pleading processes in any proceeding.
5.16	The former Fast Track mechanisms permitted parties to seek a quicker or more truncated hearing process than usually available and to use less formal pleadings.  The Fast Track procedure was effectively a commercial list procedure and such a procedure, or other effective and commercially sensible methods of commencing or expediting proceedings or introducing informal pleadings processes, remains open to the parties in this NPA.
5.17	If it is appropriate for the proceeding to be expedited, the Court will attempt to provide a judge who has the necessary time available to devote to an expedited process and hearing.  The parties should make plain at the time of filing any request for a truly expedited procedure and hearing.
5.18	The parties should otherwise make plain at the first case management hearing (see further below) any request for an informal or abbreviated pleadings process.
6.	CASE MANAGEMENT
6.1	Parties and their representatives should familiarise themselves with the guiding case management information set out in the Central Practice Note.  This practice note should always be read with the Central Practice Note.
Approach to Case Management
6.2	While the Court will manage and, where necessary, determine the issues in dispute, the proceeding is always the parties’ proceeding.  In everything they do, the parties should approach their role as the primary actors responsible for identifying the issues in dispute.
6.3	The Court will encourage (and expects) the parties to develop collaboratively a case management approach tailored to resolving the issues in their case in a just, quick, inexpensive and effective manner.  The Court will have an open mind to innovative case management techniques suggested by the parties and will discourage forensic-style litigation processes that may be unfair, lengthy, expensive or of questionable utility.
6.4	It is expected that trial counsel will be briefed at the earliest possible opportunity so as to facilitate efficient case management and to give it the necessary focus.
6.5	In commercial matters it is particularly important that parties and their lawyers approach the litigation in a thoughtful, practical and common-sense way.  The approach to case management should reflect a practical business-like method of resolving a problem that eliminates unnecessary “process-driven” costs.
Case Management Hearings
6.6	Case management hearings are integral to case management.  The aim of case management hearings is to identify issues at the earliest possible stage.  Depending on the particular method that the applicant has used to commence the proceeding, the parties should prepare for the first case management hearing and subsequent case management hearings as noted in Part 8 of the Central Practice Note and below.
6.7	At the first case management hearing, the parties should address, and the Court will consider, the following:
(a)	the Case Management Imperatives as set out in paragraph 8.5 of the Central Practice Note;
(b)	whether the proceeding is better suited to a modified and efficient form of pleading, including the use of concise forms of pleading, agreed statements of fact, or a more detailed pleading method; 
(c)	the timing of the trial (including any need for an expedited or truncated hearing process), the parties’ estimates of trial length and their available dates for trial; and
(d)	appropriately tailored case management orders, by consent or otherwise.  

First Case Management Hearing – Concise Statement Method
6.8	If the applicant has commenced the proceeding by way of a concise statement (or otherwise makes a genuine request, at the time of filing, for an expedited hearing process in accordance with Part 5 of this practice note), the first case management hearing will, wherever possible, take place within 2 to 3 weeks of the filing of the application.  In light of the shorter timeframe for the listing of the first case management hearing in concise statement or expedited circumstances, filing-parties should not only comply with the requirements for service within the Federal Court Rules, but should serve the relevant material at the earliest possible time prior to the first case management hearing in order to facilitate meaningful communication between the parties before the hearing takes place 
(see paragraph 8.9 of the Central Practice Note).
6.9	The first case management hearing in this method seeks to “triage” the case, ie. to assess accurately the true character of the legal disputes and establish the most appropriate way to prepare the case for trial and any alternative dispute resolution (“ADR”) process.
First Case Management Hearing – Pleadings or Affidavit Method
6.10	If the applicant has commenced the proceeding by way of statement of claim or affidavit, the first case management hearing will, wherever possible, take place within 3 – 5 weeks of the filing of the application.
6.11	The first case management hearing will flexibly organise the interlocutory steps in the proceeding so that the proceeding may be conducted as effectively and efficiently as possible and, where appropriate, a final hearing date will be set.
7.	ALTERNATIVE DISPUTE RESOLUTION
7.1	Parties and their representatives should familiarise themselves with the guiding ADR information set out in Part 9 of the Central Practice Note.  The thoughtful and creative use of ADR techniques (including confidential conferences) for both substantive and procedural issues should be recognised by the parties as potentially very important in resolving or streamlining the running of commercial cases.
8.	DISCOVERY, REDFERN AND MEMORIAL PROCEDURES
8.1	Parties and their representatives should familiarise themselves with the guiding discovery information set out in Part 10 of the Central Practice Note.
8.2	Discovery can be a particularly burdensome problem in commercial cases unless it is firmly controlled by the parties, their lawyers and the Court.  Parties and their lawyers have a responsibility not to allow discovery to increase costs unnecessarily or disproportionately to the nature, size and complexity of the case.
8.3	The Central Practice Note deals with the approach to discovery generally, but there are techniques that may be of particular utility in commercial cases: for example, the Redfern discovery procedure (“Redfern Discovery Procedure”) and the memorial procedure for discovery and evidence.
Redfern Discovery Procedure
8.4	A party may request, or the Court may direct, that a Redfern Discovery Procedure apply in the proceeding.  The Redfern Discovery Procedure (so-called in international commercial arbitration) involves the preparation of a schedule, which is prepared collaboratively by the parties and supervised by the Court.  It should be an expeditious process which takes account of the financial and operational burden of litigation on commercial parties.
8.5	The key characteristics of the Redfern Discovery Procedure are:
(a)	the exchange of requests for specific documents or limited categories of documents;
(b)	the requests clarify why the documents are relevant and material in nature by specific reference to any pleading, affidavit, concise statement or evidence;
(c)	the other party to the request consents or objects to each request and provides reasons for objections;
(d)	the parties prepare a schedule containing the requests and responses; and
(e)	the Court determines each disputed request.
8.6	Requests may be rejected by the Court for a number of reasons, including where the request: 
(a)	relates to documents that are insufficiently relevant or immaterial;
(b)	relates to documents that are specially protected (eg. through legal professional privilege);
(c)	places an unreasonable burden on the party requested to provide documents; 
(d)	is disproportionate to the case or unfair in the circumstances.
8.7	Where the Redfern Discovery Procedure is used it will be flexibly informed by Article 9 of the International Bar Association Rules (as amended).  
Memorial Procedure for Evidence and Early Documentary Disclosure
8.8	In an appropriate case a party may request, or the Court may direct, that a “memorial”-style process be adopted for the provision of key documents and evidence, similar to that used in international commercial arbitrations but managed within the framework of the Federal Court Act and Federal Court Rules.
8.9	Such a memorial procedure involves the parties filing their pleading-related material together with key documents and evidence in one consolidated process at an early stage in the proceeding.  
8.10	A party seeking to enliven this procedure should make that request in its concise statement or other pleading document or at any stage prior to the filing of a substantive pleading document.
8.11	The memorial procedure may assist in identifying the real issues quickly and in promoting early and realistic case evaluations.  This in turn may facilitate the early settlement of disputes, particularly for substantial commercial disputes that may otherwise be lengthy and expensive.  However, the procedure also involves bringing forward some of the steps (and therefore the costs) which often occur later in a proceeding and may not be suitable for every commercial dispute.  
9.	INTERLOCUTORY STEPS, EVIDENCE, PRE-TRIAL CASE MANAGEMENT HEARINGS
9.1	Parties and their representatives should familiarise themselves with the information in the Central Practice Note on these matters (see Parts 11 to 13).
10.	FURTHER PRACTICE INFORMATION AND RESOURCES
10.1	This practice note relates to all commercial and corporations matters.  Specific information relating to 2 of the Sub-areas in this NPA is included in the following Schedules to this practice note:
•	Corporations and Corporate Insolvency Sub-area – Schedule 1;
•	Insurance – Schedule 2.
10.2	The General and Personal Insolvency Sub-area has a separate practice note GPI-1. Parties commencing, or responding to, a proceeding under the Bankruptcy Act 1961 (Cth) should refer to the General and Personal Insolvency Sub-area Practice Note (GPI-1). 
10.3	However, additional requirements of particular relevance in this NPA exist in other practice notes and practice information.  This includes the following documents and information available on the Court’s website: 
•	Practice and procedure information and resources for this NPA on the Court’s Commercial and Corporations NPA “homepage”;
•	Class Actions Practice Note (GPN-CA);
•	Expert Evidence Practice Note (GPN-EXPT);
•	Survey Evidence Practice Note (GPN-SURV);
•	Cross-Border Insolvency Practice Note (GPN-XBDR);
•	Freezing Orders Practice Note (GPN-FRZG), Search Orders Practice Note (GPN-SRCH) and Usual Undertaking as to Damages Practice Note (GPN-UNDR);
•	Other relevant general practice notes including the: Subpoenas and Notices to Produce Practice Note (GPN-SUPB); Costs Practice Note (GPN-COSTS) and Lists of Authorities and Citations Practice Note (GPN-AUTH).
10.4	Further information to assist litigants, including a range of helpful guides, is also available on the Court’s website.  This information may be particularly helpful for litigants who are representing themselves.
Enquiries and Contact Information
10.5	General queries concerning the practice arrangements in the Commercial and Corporations NPA should be raised, at first instance, with your local registry.  If a registry officer is unable to answer your query, please ask to speak to the NCF Coordinator in your local registry.  Contact details for your local registry are available on the Court’s website. 

D S Mortimer 
Chief Justice
7 February 2025

Schedule 1
CORPORATIONS AND CORPORATE INSOLVENCY SUB-AREA
SCOPE OF SUB-AREA – CORPORATIONS MATTERS
1.	The expression “corporations matters” applies to matters in the Corporations and Corporate Insolvency Sub-area and includes matters arising under or in relation to:
•	the Corporations Act 2001 (Cth) (“Corporations Act”);
•	the Australian Securities and Investments Commission Act 2001 (Cth);
•	the Cross-Border Insolvency Act 2008 (Cth); and 
•	all corporate insolvency matters, but not personal bankruptcy matters (the latter being in the General and Personal Insolvency Sub-area).
OPERATION OF SUB-AREA
2.	The Commercial and Corporations Practice Note (C&C-1) (to which this schedule is attached) applies to all corporations matters.
Corporations Lists and Corporations Judges
3.	All registries nationally have a corporations list and dedicated corporations judges.  The corporations judges in each registry are set out on the Court’s website.  The corporations list in each registry will operate on consistent NCF principles for corporations matters and according to the workflow and needs of the particular registry.  Information regarding the corporations list, including the corporations judges, is available on the Court’s website.
4.	On the return date for the application (which will be in accordance with the allocation procedure for  the weekly Corporations List or otherwise generally between 2 – 5 weeks from the date of filing), depending on the needs of the parties and the character of the matter, the corporations judge will either substantively determine the matter or deal with any case management, interlocutory or procedural matters that arise and explore the suitability of making a mediation order. 
5.	Shorter corporations matters (eg. an application for extension of a convening period for a meeting of a company’s creditors) will likely be dealt with on the return date or soon after.  For larger or more complex corporations matters, parties should consider whether the innovative case management procedures set out in the Commercial and Corporations Practice Note may be applied.
Weekly Corporations List
6.	The purpose of the weekly Corporations List is to provide efficient triaging of corporations matters. The weekly Corporations List will be conducted on the basis that short matters will usually be heard and determined when first returned. Longer matters will be programmed for hearing and allocated to a docket judge for hearing on a date to be fixed by that judge. Where appropriate, matters may be referred to a registrar. 
7.	If the matter is allocated to a docket judge, rather than made returnable in the weekly Corporations List, then the parties will be notified of the date for a first case management hearing by the docket judge. 
8.	More urgent matters may be referred to the Commercial and Corporations Duty Judge.
New South Wales and Western Australia
9.	The Corporations List in New South Wales and Western Australia is conducted at 9.30am (local time) on Thursday of each week. Corporations matters filed in the New South Wales and Western Australian registries will be returned in the weekly Corporations List as follows:
(a)	Applications filed on or before 12 noon on a Wednesday in any week will be returned in the Corporations List for the Thursday of the next week; and
(b)	Applications filed after 12 noon on a Wednesday in any week will be returned in the Corporations List for the Thursday of the week after the next week. 
Queensland and Victoria
10.	The Corporations List in Queensland and Victoria is conducted at 9.30am (local time) on Friday of each week. Corporations matters filed in the Queensland and Victorian registries will be returned in the weekly Corporations List as follows:
(a)	Applications filed on or before 12 noon on a Thursday in any week will be returned in the Corporations List for the Friday of the next week; and
(b)	Applications filed after 12 noon on a Thursday in any week will be returned in the Corporations List for the Friday of the week after the next week.
South Australia
11.	The Corporations List in South Australia is conducted at 9.30am (local time) on Tuesday of each week. Corporations matters filed in the South Australian registry will be returned in the weekly Corporations List as follows:
(a)	Applications filed on or before 12 noon on a Wednesday in any week will be returned in the Corporations List for the Tuesday of the next week; and
(b)	Applications filed after 12 noon on a Wednesday in any week will be returned in the Corporations List for the Tuesday of the week after the next week.
URGENT APPLICATIONS
12.	The following originating corporations applications may be dealt with by the Commercial and Corporations Duty Judge:  
•	any urgent Commercial and Corporations NPA matters;
•	ex parte applications in respect of corporations matters, such as abridgement of time for service, interlocutory injunctions, search and freezing orders;
•	any other application that may arise in respect of a corporations matter that is not conveniently accommodated by filing a corporations matter in the corporations list in the usual way; and
•	so far as is practicable, a referral from a registrar’s corporations list on the same day the application is listed for hearing before a registrar.  
Commercial and Corporations Duty Judges
13.	Originating commercial and corporations duty matters will be heard by dedicated commercial and corporations judges who will be regularly available to the parties for genuinely urgent matters based on a regular roster system.  
14.	Arrangements for hearing urgent originating applications in respect of Commercial and Corporations Duty Judge matters and relevant contact information is set out in Part 4 of the Commercial and Corporations Practice Note.
Urgent Interlocutory Applications 
15.	Urgent interlocutory matters will be heard by the docket judge as set out in Part 4 of the Commercial and Corporations Practice Note.
FILING APPLICATIONS AND SUPPORTING MATERIAL 
16.	When filing an originating application in a corporations matter, an originating process should be used (Form 2 of the Federal Court (Corporations) Rules 2000 (Cth) (“Corporations Rules”)).
17.	When filing an interlocutory application in a corporations matter, an interlocutory process should be used (Form 3 of the Corporations Rules).  This includes interlocutory applications seeking final relief, such as:
(a)	a claim by a defendant in the nature of a cross-claim;
(b)	a claim for indemnity by the Commissioner of Taxation against a company director where certain payments have been set aside (see s 588FGA(4) of the Corporations Act and Condon v Commissioner of Taxation [2004] NSWSC 481).
18.	In some circumstances it may not be immediately apparent to a filing party whether an application should be properly commenced by way of an interlocutory process (brought within a current or pre-existing proceeding in this Court) or an originating process (commencing a new proceeding).  This can be an important decision which may affect the case management of the matter and the applicable filing fee.
Prescribed Circumstances
19.	As to whether an interlocutory or originating process should be filed may be prescribed by relevant Acts or Rules, namely the Corporations Act, the Federal Court Rules 2011 (Cth) (“Federal Court Rules”) and the Corporations Rules.  The following are two (non-exhaustive) illustrations where the form of the application is prescribed:
•	Originating process required – an application concerning an act or omission of a receiver, or a controller appointed by the Court (see s 423(1)(b) of the Corporations Act  and r 4.1 of the Corporations Rules);
•	Interlocutory process required – seeking a determination of a liquidator's remuneration (See s 473(b)(ii) of the Corporations Act  and r 9.4(2)(a) of the Corporations Rules).
Non-prescribed Circumstances
20.	In circumstances where the relevant Acts or Rules do not expressly prescribe which type of application should be used, regard should be had to the following when deciding whether it is appropriate to file an interlocutory process (rather than an originating process) in a current or pre-existing proceeding:
(a)	whether the parties in the earlier proceeding and the application are common;
(b)	the legal and factual nexus between the earlier proceeding and the application;
(c)	whether the earlier proceeding has been finally determined; and
(d)	the length and complexity of the application.
Request for Pleadings
21.	Given that originating and interlocutory processes are accompanied by supporting affidavits, any application seeking an order for pleadings should be included in an originating or interlocutory process.  An originating or interlocutory process should not be amended so as to be converted into a pleading.
OPPRESSIVE CONDUCT OF AFFAIRS OF A COMPANY 
22.	Subject to options available to parties as set out in the Commercial and Corporations Practice Note, applications for relief under s 233 of the Corporations Act (whether or not other relief is sought) are to be made by originating process supported by an affidavit which:
(a)	should be as brief as possible and in any event no more than 5 pages in length;
(b)	sets out a clear and succinct summary of the facts alleged to constitute the acts of oppression;
(c)	exhibits only a current ASIC search of the company, and no other exhibits.
23.	The application will be returnable before the Commercial and Corporations Duty Judge.  The parties (as well as their legal representatives) will be expected to attend that hearing.  
24.	At that initial hearing, in addition to the case management imperatives (referred to in paragraph 6.7 of the Commercial and Corporations Practice Note) the parties will be expected to have considered the following and be in a position to address the Court on:
(a)	whether the matter can be resolved at that hearing and, if so, on what terms;
(b)	what steps, if any, are necessary before the matter can be resolved (eg. access to the books of the company, a valuation required etc);
(c)	what information, if any, is required before the dispute can be resolved, and why.
25.	If the matter does not resolve at that initial hearing, the matter will usually be referred to a registrar for mediation.  In the event that the matter does not settle at the mediation, the registrar may conduct a case management conference immediately following the mediation to consider the most economic and efficient means of proceeding to and conducting the trial, at which conference the registrar may make case management orders.  
SCHEMES OF ARRANGEMENT – FORM OF NOTICE FOR MEETING 
26.	When making an order under s 411(1) of the Corporations Act the Court will require that the explanatory statement or a document accompanying the explanatory statement, prominently display a notice in the following form or to the following effect:
“IMPORTANT NOTICE ASSOCIATED WITH COURT ORDER UNDER SUBSECTION 411(1) OF CORPORATIONS ACT 2001 (Cth)
The fact that under subsection 411(1) of the Corporations Act 2001 (Cth) the Court has ordered that a meeting be convened and has approved the explanatory statement required to accompany the notices of the meeting does not mean that the Court:
(a)	has formed any view as to the merits of the proposed scheme or as to how members / creditors should vote (on this matter members / creditors must reach their own decision); or 
(b)	has prepared, or is responsible for the content of, the explanatory statement.”
CORPORATIONS MATTERS BEFORE A REGISTRAR
27.	A significant proportion of corporations matters are heard and determined by registrars of the Court.  This includes winding up applications, applications to set aside a statutory demand and examinations pursuant to ss 596A and 596B of the Corporations Act.  Corporations matters within the delegated jurisdiction of a registrar are set out in 
Schedule 2 of the Corporations Rules.
28.	Arrangements for hearing corporations matters before a registrar and relevant information for registrar corporations lists in each registry is available on the Court’s website.
Schedule 2
INSURANCE LIST
SCOPE OF LIST – INSURANCE MATTERS
1.	The expression “insurance matters” applies to matters in the Commercial Contracts, Banking, Finance and Insurance Sub-area and includes matters arising under or in relation to:
•	the Insurance Contracts Act 1984 (Cth);
•	the Insurance Act 1973 (Cth);
•	the Life Insurance Act 1995 (Cth);
•	the Marine Insurance Act 1909 (Cth).
whether by way of construction and interpretation of the policy or otherwise.
2.	Insurance matters will be allocated to the Insurance List on filing by the Chief justice and the National Operations Registry, subject to possible allocation (if appropriate) to the Admiralty and Maritime NPA (see para 16(c) below).
OPERATION OF SUB-AREA
3.	The Commercial and Corporations Practice Note (C&C-1) (to which this schedule is attached) applies to all insurance matters.
Insurance List Judge and Insurance Registrars
4.	There is one Insurance List Judge responsible for the case management of all matters nationally allocated to the Insurance List (the Senior Insurance List Judge). The contact details for the Senior Insurance List Judge are set out on the Court’s website.
5.	Other judges from the Court’s Commercial and Corporations – Commercial Contracts, Banking, Finance and Insurance Sub-area will be allocated cases from time to time.
6.	There are a number of Registrars with expertise in the Insurance Sub-Area who are Insurance Sub-Area Registrars. Their contact details are set out on the Court’s website.
Insurance List
7.	The aim of the Insurance List is to provide to the insurance community (underwriters, reinsurers, brokers and insureds) a method for the prompt and efficient resolution of insurance matters, including applications for leave to appeal and appeals. 
8.	This aim is proposed to be achieved by consolidating the case management of insurance matters generally under a single Insurance List Judge (the Senior Insurance List Judge) and the allocation of insurance matters to Commercial Contracts, Banking, Finance and Insurance Judges and Insurance Registrars. It is anticipated that, to the extent possible, the Senior Insurance List Judge managing the List will hear many of the cases, otherwise they will be allocated by the Chief Justice to a Judge in the Contracts, Banking, Finance and Insurance Sub-Area. 
9.	The Insurance List will be case managed as a separate list on a day or days to be allocated by the Senior Insurance List Judge. The current listing days and times for the Insurance List are on the Court’s website.
Schemes 
10.	Practitioners seeking interlocutory and final hearing dates relating to schemes concerning the transfer of insurance or life insurance businesses may contact the National Operations Registry (email: NORTeam@fedcourt.gov.au) to obtain potential hearing dates before the Senior Insurance List Judge or another judge before the filing of an application. 
Urgent interlocutory applications
11.	Practitioners seeking an urgent interlocutory hearing relating to an insurance matter may contact the National Operations Registry (email: NORTeam@fedcourt.gov.au) to obtain potential hearing dates before the Senior Insurance List Judge or an Insurance Sub-Area Judge before the filing of an application, provided that the interlocutory and originating application will be ready to be filed within 72 hours of the contact.
12.	Any urgent interlocutory hearing relating to an insurance dispute or matter to be filed in accordance with paragraph 9 must be accompanied by a short statement (not exceeding half a page) explaining why the application is urgent.
13.	If the Senior Insurance List Judge or another Commercial Contracts, Banking, Finance and Insurance Judge is not available to deal with the urgent interlocutory application, the interlocutory application will be referred to the Commercial and Corporations Duty Judge or Commercial and Corporations Judge for hearing.
Other applications
14.	When filing an originating application in an insurance matter, an originating process should be used (Form 15).
15.	The originating application must be accompanied by an affidavit, concise statement or a statement of claim (as appropriate under the Federal Court Rules) preferably a concise statement and such other documents as required to be filed with the originating application by the Federal Court Rules.
16.	The originating application must also be accompanied by a short statement (not exceeding one page) which identifies:
(a)	why the matter is an insurance matter;
(b)	the basis of the Court’s jurisdiction in respect of the matter;
(c)	whether it is more appropriate for the matter to be allocated to the Insurance List or the Admiralty and Maritime NPA;
(d)	whether the matter is or may be suitable for any order under rule 30.01(1) of the Federal Court Rules (an order that a question arising in the proceeding be heard separately from any other questions);
(e)	if so, the terms or subject-matter of the potential separate question(s); 
(f)	the utility of the making of any order under rule 30.01(1) of the Federal Court Rules; 
(g)	the estimated length of the hearing if an order is made that a question arising in the proceeding be heard separately from any other questions; 
(h)	the urgency or otherwise of the resolution of the matter; 
(i)	whether mediation or case management by an Insurance Registrar before the matter is listed for a case management hearing before the Insurance List judge would be useful and, if so, why; and
(j)	whether any aspect of the proceeding would be suitable for a report by a referee and s54A of the Federal Court of Australia Act 1976 (Cth).
17.	If relevant to the insurance matter, the applicable insurance policy documents and claim must be filed with the originating application. If a respondent contends that other policy documents and claims are relevant the contending respondent must file those additional or different documents, if possible, before the first case management hearing or the making of the first case management orders. If this is not possible, those documents should be filed within seven days from the first case management hearing or the making of the first case management orders.
18.	All insurance matters will be referred to the Senior Insurance List Judge or, if requested by a party and/or considered appropriate by the Senior Insurance List Judge, to an Insurance Registrar for case management. 
19.	Before any case management, the parties should confer and seek to agree orders for the efficient and timely resolution of the matter. Agreed proposed orders may be sent to the Senior Insurance List Judge at any time. 
20.	In proposing and negotiating proposed case management orders for matters in the Insurance List practitioners should consider the orders which will best enable achieving the aims of the Insurance List. 
21.	Parties and practitioners have a duty to conduct proceedings in a way that is consistent with the overarching purpose of facilitating the just resolution of disputes according to law and as quickly, inexpensively and efficiently as possible.
22.	Amongst other things (including the provisions of the Central Practice Note: National Court Framework and Case Management (CPN-1)) parties should consider:
(a)	the utility of declarations to resolve the whole or part of the dispute (see for example, National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543; (2019) 377 ALR 627);
(b)	identification and determination of separate question(s) as provided for in rule 30.01(1) of the Federal Court Rules;
(c)	statements of facts including statements identifying (by colour or otherwise):
(i)	agreed facts;
(ii)	competing versions of disagreed facts;
(iii)	facts contended by one or other party to be irrelevant to the issues to be resolved.
That is, a dispute as to relevance is not a proper reason not to include an agreed or disagreed fact in a statement of facts. Rather, the issue of relevance should be included in the statement of facts;
(d)	use of concise statements or points of claim and defence including such documents confined to facts material to any declarations sought or proposed separate question(s);
(e)	use of an Insurance Registrar or other person as a referee, particularly in respect of complex disputed factual issues; and
(f)	use of agreed and jointly appointed experts or Court-appointed experts or a referee, particularly in respect of complex disputed factual issues; and
(g)	the appropriateness of any request for the Chief justice to make a direction under s 20(1A) of the Federal Court Act that the matter or part be heard by a Full Court exercising original jurisdiction (“If the Chief Justice considers that a matter coming before the Court in the original jurisdiction of the Court is of sufficient importance to justify the giving of a direction under this subsection, the Chief Justice may direct that the jurisdiction of the Court in that matter, or a specified part of that matter, shall be exercised by a Full Court”).
23.	The Senior Insurance List Judge may refer any insurance matter to an Insurance Registrar for case management and/or the National Operations Registry for substantive allocation by the Chief Justice to another senior judge in the Commercial Contracts, Banking, Finance and Insurance Sub-area for case management and hearing. In so doing the Insurance List Judge will particularly consider:
(a)	if the hearing of the matter (or part) will be greater than five days – in which event case management by an Insurance Registrar or substantive allocation may be appropriate;
(b)	the degree of expedition required for the resolution of the matter – if expedited resolution is not required or able to be achieved, substantive allocation may be appropriate; and
(c)	the extent of co-operation between the parties – if the parties are unable to co-operate effectively to achieve the aim of the Insurance List, case management by an Insurance Registrar or substantive allocation may be appropriate.
Test cases
24.	The Court will facilitate the expedited case management, hearing and delivery of judgment (including in respect of applications for leave to appeal and appeals) of any insurance matter which will have broader application than the immediate matter. But there must be a “matter”, that is a “justiciable controversy” which requires a real and not a hypothetical controversy raised by a person with a real and not a hypothetical interest in the resolution of the controversy: see National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543; (2019) 377 ALR 627 at [77]-[120].
Leave to appeal and appeals
25.	Leave to appeal is required to appeal against any interlocutory order: s 24(1A) of the Federal Court Act.
26.	Parties should be aware of the difference between:
(a)	the determination of separate question(s) under rule 30.01(1) of the Federal Court Rules enabling a consequential order or declaration to be made determining the whole or any part of the proceeding (which, in the latter case, may be an interlocutory order); and 
(b)	a staged hearing of issues (which may result in the making of interlocutory orders). 
27.	In the case of (a) (determination of separate question(s)), the parties should consider requesting the judge deciding the separate question(s) to grant leave to appeal against any substantive order or declaration made as a consequence of the answer to the separate question(s). This request should be made before the judge makes orders as a result of the answer to the separate question(s). In making the request or subsequently making any formal application for leave to appeal (if leave is not granted by the judge deciding the separate question(s)) the parties should consider whether or not it would be more time and cost effective to enable determination of all issues in the matter before any appeal is brought.
28.	In the case of (b) (staged hearing of issues):
(a)	the purpose of a staged hearing of issues (generally, the orderly conduct of the hearing as a whole) may be undermined by interlocutory appeals; and
(b)	in making any request of the deciding judge for leave to appeal or subsequently making any formal application for leave to appeal (if leave is not granted by the judge deciding the separate question(s)) the parties should consider whether or not it would be more time and cost effective to enable determination of all issues in the matter before any appeal is brought.