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
- 12 Aug 2026:
Blakeley, in the matter of Global Capital Property Fund Limited (in liq) [2026] FCA 1124
CORPORATIONS – application by liquidators under s 60-10 of the Insolvency Practice Schedule (Corporations) for determination of remuneration by the Court – application by liquidators under s 60-20(3)(b) of the Insolvency Practice Schedule (Corporations) for leave to derive profit or advantage from external administration
Judge: O'BRYAN J - 6 Aug 2026:
Benjamin Hornigold Ltd v John Bridgeman Limited (Default Judgment) [2026] FCA 1127
PRACTICE AND PROCEDURE – fourth defendant a corporation with no current directors – application for default judgment against fourth defendant pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) – where no lay evidence or defence was filed by fourth defendant or a person competent to act on its behalf – where fourth defendant failed to…
Judge: NEEDHAM J - 11 Aug 2026:
Brauer v Coburn Resources Pty Ltd, in the matter of Strandline Resources Limited (Receivers and Managers Appointed) [2026] FCA 1110
CORPORATIONS – which company in corporate group was the true employer of certain employees for the purposes of the Corporations Act 2001 (Cth) Pt 5.6, Div 6 – where holding company was named as employer on employment contracts – whether holding company contracted as agent for its wholly owned subsidiary as an undisclosed principal – corporate…
Judge: JACKSON J - 11 Aug 2026:
Mitchell v Orex Holdings Pty Limited [2026] FCA 1073
COSTS – costs of interlocutory application – where applicant shareholder applied for an interlocutory injunction restraining other shareholders from exercising an option in shareholders’ agreement pending determination of proceedings – where respondents initially refused to negotiate but later agreed on substance of application shortly prior to…
Judge: DERRINGTON J - 7 Aug 2026:
Olsen, in the matter of Babyskin Laser & Cosmetic Clinic Pty Ltd (Administrators Appointed) (No 3) [2026] FCA 1102
CORPORATIONS - application under s 447A of Corporations Act 2001 (Cth) to extend convening period in s 439A - application granted
Judge: VANDONGEN J - 4 Aug 2026:
Terra Mining Pty Ltd v Paulsens East Iron Ore Pty Ltd [2026] FCA 1092
PRACTICE AND PROCEDURE - application for summary dismissal - application dismissed
Judge: VANDONGEN J - 5 Aug 2026:
Pracilio (Liquidator), in the matter of RFK Enterprises Pty Ltd [2026] FCA 1087
BANKRUPTCY AND INSOLVENCY - application for orders to appoint receiver and manager - application granted
Judge: VANDONGEN J - 4 Aug 2026:
Huber v Singh [2026] FCA 1004
PRACTICE AND PROCEDURE – application for summary dismissal under s 31A of the Federal Court of Australia Act 1976 (Cth) and r 26.01 of the Federal Court Rules 2011 (Cth) – where the proceeding fails to disclose a reasonable cause of action – where the proceeding has no reasonable prospect of success – where the proceeding is an abuse of process –…
Judge: O'BRYAN J - 3 Aug 2026:
Narda Holdings Pty Ltd, in the matter of Cafe 24/7 Pty Ltd (in liq) [2026] FCA 1043
CORPORATIONS – application to set aside registrar’s decision to issue examination summonses under ss 596A, 596B and 596D of Corporations Act 2001 (Cth) – review of registrar’s decision – confidential affidavit filed in support of application for examination orders – whether material non-disclosure at ex parte hearing – whether examinations sought…
Judge: MCDONALD J - 3 Aug 2026:
Gray (liquidator) v Marshall Investments GCP Pty Ltd, in the matter of Mawson Infrastructure Group Inc (in liq) (No 2) [2026] FCA 1066
CORPORATIONS – application by foreign entity registered in Australia pursuant to Part 5.7 of the Corporations Act 2001 (Cth) to be joined as a defendant to proceedings in circumstances where it is being wound up – application to set aside order made against named director – application for stay
Judge: DOWNES J
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National Coordinating Judges
- Markovic J
- Halley J
- Downes J
- Neskovcin J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis





