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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

Other general practice notes and Court developed guides which may be relevant to this Sub-area include:

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:

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:

• Corporations Act 2001 (Cth)
• Australian Securities and Investments Commission Act 2001 (Cth)
• Cross-Border Insolvency Act 2008 (Cth)
• Insurance Act 1973 (Cth)

• 17 Apr 2025: Bredenkamp (Liquidator), in the matter of Coolgardie Minerals Limited (in liq) [2025] FCA 404
  CORPORATIONS - Corporations Act 2001 (Cth) s 477(2B) - application for retrospective approval for entry into funding agreement lasting more than three months - application for approval for entry into proposed legal costs agreement lasting more than three months - application for suppression orders to prevent prejudice to the proper administration…
  Judge: JACKSON J
• 28 Apr 2025: Selfwealth Ltd, in the matter of Selfwealth Ltd (No 2) [2025] FCA 416
  CORPORATIONS – scheme of arrangement – second court hearing – order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme
  Judge: O'BRYAN J
• 29 Apr 2025: Australian Steel Manufacturing Pty Ltd v Selection Steel Trading Pty Ltd [2025] FCA 407
  CORPORATIONS – application for review of Registrar’s decision dismissing application to set aside a statutory demand – review by way of hearing de novo - whether genuine dispute about the existence or amount of the debt and whether there is an offsetting claim within meaning of s 459H of the Corporations Act 2001 (Cth) – relevant principles –
  Judge: O'BRYAN J
• 24 Apr 2025: Hodgson (Liquidator), in the matter of ACN 009 068 473 Pty Ltd (in liq) [2025] FCA 410
  CORPORATIONS – liquidators' application for approval to enter into litigation funding agreement – term exceeds three months – s 477(2B) of the Corporations Act 2001 (Cth) – potential voidable transaction proceeding – application for suppression orders to prevent prejudice to the proper administration of justice – approval granted and suppression…
  Judge: BANKS-SMITH J
• 24 Apr 2025: Keenan, in the matter of Prospero Markets Pty Ltd (In liq) [2025] FCA 390
  CORPORATIONS – application for directions under s 90-15 of the Insolvency Practice Schedule (Corporations) – application for judicial advice under s 63 of the Trustee Act 1925 (NSW) – whether liquidators should use company’s general funds or client money held on trust to pay liquidators’ remuneration and costs – whether liquidators justified in…
  Judge: MOORE J
• 24 Mar 2025: Ward, in the matter of Platinum Quest Pty Ltd (in liq) v OJMAC Pty Ltd as trustee for the Cheree Leanne Family Trust (No 2) [2025] FCA 401
  CORPORATIONS – liquidators – company once a trustee – application made for remuneration – remuneration to be paid from trust assets for work done in capacity as court appointed receiver – application allowed
  Judge: DERRINGTON J
• 24 Apr 2025: Australian Securities and Investments Commission v DOD Bookkeeping Pty Ltd (in liq), in the matter of DOD Bookkeeping Pty Ltd (in liq) (No 2) [2025] FCA 395
  CORPORATIONS – where the defendant as the holder of an Australian financial services licence, contravened: (1) s 961K(2) of the Corporations Act 2001 (Cth) by reason of its representatives contravening ss 961B and 961G of the Act; (2) s 963E(2) of the Act by reason of the provision to, and acceptance by, representatives of the defendant of…
  Judge: GOODMAN J
• 10 Apr 2025: Australian Securities and Investments Commission v Secure Investments Pty Ltd (No 3) [2025] FCA 399
  CORPORATIONS – receivers and managers – release of receivers and managers – service of interlocutory application – recipient is incarcerated – receipt of documents established – appropriate to dispense with requirement to effect service in accordance with the Rules
  Judge: DERRINGTON J
• 10 Apr 2025: Australian Securities and Investments Commission v MyWealth Manager Financial Services Pty Ltd (No 4) [2025] FCA 400
  CORPORATIONS – receivers and managers – release of receivers and managers following completion of receivership – service of interlocutory application – persons located extraterritorially – failure to provide any address for service – obligation to effect service dispensed with
  Judge: DERRINGTON J
• 22 Apr 2025: De Grey Mining Ltd, in the matter of De Grey Mining Ltd (No 2) [2025] FCA 396
  CORPORATIONS – application for approval of scheme of arrangement under s 411(4) of the Corporations Act 2001 (Cth) – script takeover scheme – post-first court hearing communications with scheme members – pre-scheme meeting substantial shareholder announcement of voting intentions – Securities Act 1933 (US) notation
  Judge: FEUTRILL J

• Australian Securities and Investments Commission (ASIC)