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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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
- 31 Jul 2026:
Sunshine City Club (in liquidation), in the matter of Sunshine City Club [2026] FCA 1045
CORPORATIONS — insolvency — application for liquidators to be appointed voluntary administrators — s 436B(2)(g) of the Corporations Act 2001 (Cth) — modification of operation of Part 5.3A concerning ss 436E, 438B, 438D and 439C — orders under s 447A — order under s 482 staying the winding up — order under s 482 dealing with conditional termination …
Judge: BEACH J - 15 Sep 2025:
Australian Securities and Investments Commission v Brite Advisors Pty Ltd (Receivers and Managers Appointed) (in liq) (No 4) [2025] FCA 1698
CORPORATIONS — Receivers and Managers appointed over trust assets of company in liquidation — whether Receivers are justified in adopting proposed interim distribution orders — where company commingled trust assets and failed to keep proper financial records — where vast majority of trust assets comprise a deficient mixed fund — whether deficient…
Judge: O'SULLIVAN J - 30 Jul 2026:
Watts v Chopsonion Pty Ltd (Controllers Appointed) [2026] FCAFC 99
APPEAL AND NEW TRIAL – appeal seeking to overturn findings of fact – findings based partly on findings of credit – complex factual scenario – appeal requiring foundational assessment of evidence before the trial judge – primary judge’s findings based on misconstruction of documents and omission to assess evidence in context – failure to have…
Judge: CHARLESWORTH, DERRINGTON AND JACKSON JJ - 30 Jul 2026:
Kasaragh Investments Pty Ltd as trustee for the Kasaragh Investment Trust v Enablo Pty Limited [2026] FCA 1009
CORPORATIONS – application for an order under s 247A of the Corporations Act 2001 (Cth) authorising inspection of the books of the first defendant – where application is made by a former member – where the applicant must demonstrate that the application is made in good faith and for a purpose connected with applying for leave under s 237 of the…
Judge: GOODMAN J - 15 Jul 2026:
ACN 603 710 274 Pty Ltd (in liq) formerly known as Klyp Australia Pty Ltd v Nabi [2026] FCA 1032
PRACTICE AND PROCEDURE – Application by liquidator for default judgment against former director of company in liquidation – where company’s records show loan account as between it and former director – where company incurred debts while insolvent – where director failed to file a defence and attend hearings in the proceedings – whether pleaded…
Judge: DERRINGTON J - 10 Jul 2026:
Calvisi (Liquidator) v GRL Pty Ltd (in liq), in the matter of GRL Pty Ltd [2026] FCA 1030
CORPORATIONS – Application by liquidator of trustee company for appointment as receiver of trust property – where books and records of company unclear as to the assets acquired and liabilities incurred in capacity as trustee – declarations sought as to the liquidator’s assumptions in relation to real property owned by company – whether appropriate …
Judge: DERRINGTON J - 28 Jul 2026:
Nipps v Forte Sydney Construction Pty Ltd, in the matter of i-Prosperity Pty Ltd (in liq) (Leave to Amend) [2026] FCA 1003
PRACTICE AND PROCEDURE – application for leave to file a further amended defence – where the matter is listed for trial in a little over a month – where the litigant has shown contumelious disregard for the Court’s orders – whether the litigant’s delay is adequately explained – whether there is good cause to grant leave – whether the proposed…
Judge: STEWART J - 28 Jul 2026:
Scott, in the matter of Axify Pty Ltd (Administrators Appointed) [2026] FCA 1005
CORPORATIONS – application by deed administrators for leave to transfer shares pursuant to s 444GA(1)(b) of the Corporations Act 2001 (Cth) – whether transfer would unfairly prejudice the interests of members who did not consent to the transfer – where liquidation is the only realistic alternative to the proposed transfer – where expert valuation…
Judge: JACKMAN J - 27 Jul 2026:
Australian Strategic Materials Limited, in the matter of Australian Strategic Materials Limited (No 2) [2026] FCA 988
CORPORATIONS – concurrent shareholder and option holder schemes of arrangement – change in circumstances after dispatch of scheme material following hearing of application to convene scheme meetings – supplementary disclosure required – orders made as to dispatch of supplementary scheme booklet with replacement independent expert’s report – other…
Judge: BANKS-SMITH J - 24 Jul 2026:
Der Sarkissian v QGold Pty Ltd [2026] FCAFC 94
CORPORATIONS – Appeal from decision of single judge approving the compulsory acquisition of residual ordinary shares in Carawine Resources Limited as the 90% holder under Ch 6A, Pt 6A.2, Div 1 of the Corporations Act 2001 (Cth) – Construction of s 667C of the Corporations Act 2001 (Cth) – Whether primary judge erred in considering expert’s…
Judge: PERRAM, CHEESEMAN AND LONGBOTTOM JJ
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.
National Coordinating Judges
- Markovic J
- Halley J
- Downes J
- Neskovcin J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis





