Corporations and Corporate Insolvency Sub-area
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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Guides: |
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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Rules: |
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Notes: |
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Latest Judgments
- 3 Oct 2025:
Wight (liquidator), in the matter of Responsible Entity Services Limited (in liquidation) [2025] FCA 1219
CORPORATIONS — insolvency — secured creditor of another insolvent company — releasing security interests — application for directions as to reasonableness and appropriateness of dealings — application under s 90-15 of the Insolvency Practice Schedule (Corporations) — application under s 477(2A) of the Corporations Act 2001 (Cth) — meaning of…
Judge: BEACH J - 3 Oct 2025:
Deputy Commissioner of Taxation, in the matter of Adgemis [2025] FCA 1218
BANKRUPTCY – creditor’s petition filed on 28 April 2025 – where the petitioning creditor has been substituted by the Deputy Commissioner of Taxation pursuant to s 49 of the Bankruptcy Act 1966 (Cth) – where all of the requirements of the Bankruptcy Act have been met – where there was no opposition to the sequestration order being made – where the…
Judge: RAPER J - 2 Oct 2025:
Singh v Aulakh [2025] FCA 1207
CORPORATIONS – application for leave to bring a derivative action on behalf of a company under s 237 of the Corporations Act 2001 (Cth) – criteria of good faith, best interests of the company and whether there is a serious question to be tried – appropriateness of leave in the face of deficient proposed pleading – leave granted
Judge: BENNETT J - 17 Sep 2025:
Norden Holdings Pty Ltd (Trustee) v Martens Investments Pty Ltd (Trustee), in the matter of Amazonia IP Holdings Pty Ltd (No 6) [2025] FCA 1212
PRACTICE AND PROCEDURE — Application for direct access to documents already the subject of Court Orders for provision — Where First, Second, Fourth and Fifth Respondents failed to comply with previous Orders – Ongoing non-compliance – Where no reasonable proposal provided for the provision of documents already ordered — Consideration of principles …
Judge: WHEATLEY J - 2 Oct 2025:
QGold Pty Ltd v Woods [2025] FCA 1201
CORPORATIONS – application for compulsory acquisition of residual ordinary shares of Carawine Resources Limited – where the applicant is the “90% holder” of the relevant class of securities – where the applicant’s compliance with Division 1 of Part 6A.2 of the Corporations Act 2001 (Cth) (the Act) is irregular in part – whether appropriate to…
Judge: DERRINGTON J - 26 Sep 2025:
Hambleton, in the matter of Jamdan Logistics and Transport Pty Ltd (in liquidation) v Holzheimer [2025] FCA 1211
PRACTICE AND PROCEDURE — Substituted service — Where the Plaintiff claims that the Defendant contravened s 588G(2) of the Corporations Act 2001 (Cth) and seeks compensation — Application for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth) — Failed attempts to effect personal service — Consideration of relevant principles as …
Judge: WHEATLEY J - 1 Oct 2025:
Krejci (liquidator) v Panella, in the matter of Richmond Lifts Pty Ltd (in liq) (No 4) [2025] FCA 1209
PRACTICE AND PROCEDURE – search orders – phone seized in premises which are the registered offices of various plaintiffs and various defendants – no claim to ownership of phone after seven months – no articulated reason why phone would contain privileged information of relevant defendants or McEvoy Legal (or its clients) – some evidence that phone …
Judge: MOORE J - 29 Sep 2025:
Yeo (liquidator), in the matter of Tuftex Carpets Pty Ltd (in liquidation) [2025] FCA 1200
CORPORATIONS — incurring debts whilst the relevant companies were insolvent — liability of director and holding company — claims under ss 588G, 588M, 588V and 588W of the Corporations Act 2001 (Cth) — settlement of claims — application for approval of settlement under s 477(2B) — approval of settlement given to litigation representative — orders…
Judge: BEACH J - 26 Sep 2025:
Silvia, in the matter of the Hewit Family Trust (Receivers and Managers Appointed) [2025] FCA 1196
CORPORATIONS – application for approval of distribution of trust funds and property, receivers’ remuneration and termination of receivership – application for approval of distribution of company funds and property and release from administration – where distributions each in accordance with beneficiaries’ and shareholders’ wishes – where…
Judge: JACKMAN J - 24 Sep 2025:
Hosking, in the matter of Philip Raymond Hosking [2025] FCA 1192
CORPORATIONS – application for removal and appointment of liquidator pursuant to s 473A of the Corporations Act 2001 (Cth) (the Act) and s 90-15(3)(b) of Sch 2 to the Act following previous liquidator’s decision to cease practising – application granted
Judge: JACKMAN J
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National Coordinating Judges
- Derrington J
- Banks-Smith J
- Cheeseman J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis