Commercial & Corporations

About this NPA

The Commercial and Corporations National Practice Area (NPA) covers commercial and corporations disputes within federal jurisdiction.

This NPA consists of six Sub-areas and each has a dedicated webpage for specific information about proceedings in those Sub-areas:

20 Sep 2019: Thomas, in the matter of La La Land Byron Bay Pty Ltd (in liq) (No 2) [2019] FCA 1559
CORPORATIONS - application to set aside a summons on the basis that it was an abuse of process - where the interlocutory applicant claimed the summons was used to obtain a forensic advantage and as a "dress rehearsal" for cross-examination - application dismissed
Judge: Reeves J
20 Sep 2019: Inabu Pty Ltd as trustee for the Alidas Superannuation Fund v CIMIC Group Limited [2019] FCA 1547
COSTS - costs orders - hearing vacated due to belated issue of subpoenas - indemnity costs - lump sum costs -costs where stay application not determined on its merits
Judge: Jagot J
20 Sep 2019: Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2019] FCAFC 164
CORPORATIONS - whether the appellant contravened cl 15(1)(b) of the Franchising Code (Schedule 1 to the Competition and Consumer (Industry Codes - Franchising) Regulation 2014) - ambiguity in cl 15(1)(b) - whether the disclosure documents provided sufficient detail regarding expenditure - no error found in appellant's contravention of cl 15(1)(b)…
Judge: Allsop CJ, Jagot and Abraham JJ

11 Jul 2019: An Australian international commercial court - Not a bad idea or what a bad idea?
Presented at the Australian Bar Association’s Convergence 2019 Conference by Justice Colvin.
28 Jun 2019: Case management & insolvency: matching rhetoric & reality
Justice Lee details the development of active case management in both Australia and overseas and discusses how the increased emphasis placed on the use of referees and referee reports as a ‘case management tool’ identifies a need for insolvency
10 May 2019: Judicial cooperation in cross-border insolvency
Presented at the UNCCA Fifth Annual May Seminar, Canberra, by Justice Gleeson

Central Practice Note (CPN-1)
Commercial and Corporations Practice Note (C&C-1)
- Schedule 1: General and Personal Insolvency
- Schedule 2: Corporations and Corporate Insolvency
- Schedule 3: International Commercial Arbitration
Class Actions Practice Note (GPN-CA)

Forms:	Form 15 - Originating application Either Form 17 - Statement of claim OR NCF1 Concise statement Form 59 - Affidavit
Rules:	Federal Court Rules 8.01(1) , 8.04(1), 8.05(1)(a) and 29.02(1)

Specific forms, rules and other information applicable to each of the Sub-areas are set out on the individual Sub-area webpages.