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:

18 May 2022: Amirbeaggi as Trustee for the Bankrupt Estate of Hanna v Hanna (No 2) [2022] FCA 562
PRACTICE AND PROCEDURE - application for leave to amend cross-claim - where application made after expert report concluded, contrary to the cross-claimant's pleaded position, that he had signed a dealing for the transfer of property - where consideration of the factors relevant to the discretion weighs in favour of allowing the amendment PRACTICE…
Judge: Goodman J
18 May 2022: viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87
CONSUMER LAW - misleading or deceptive conduct - contravention of ss 18, 29(1) and/or 34 of the Australian Consumer Law - part price representations in contravention of s 48(1) of the Australian Consumer Law - where appellant contended that primary judge erred in finding three of four representations were conveyed - Held: appeal dismissed
Judge: Yates, Abraham and Cheeseman J
17 May 2022: Queensland Nickel Sales Pty Ltd v Queensland Nickel Pty Ltd (in liq) (No 3) [2022] FCA 564
CORPORATIONS - application for leave to proceed against company in liquidation pursuant to s 471B Corporations Act 2001 (Cth) - proposed proceeding relates to challenges to entitlement of former trustee to indemnity from trust assets - whether utility in granting leave to bring this proceeding where liquidators have sought directions in separate…
Judge: Downes J

15 Oct 2021: Some thoughts about proof in competition cases
Delivered virtually at the 18th Annual Competition Law and Economics Workshop.
4 Mar 2021: Courts, confidences and change in challenging circumstances
Delivered at the Quayside Chambers Oration, Perth Concert Hall, by Justice Banks-Smith.
10 Jun 2020: The changing manifestation of risk: Comments on innovation, unconscionability and the duty of utmost good faith
Delivered at the 2020 Geoff Masel Lecture, Sydney by Chief Justice Allsop.

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)