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)

• 18 Jun 2025: Clean Seas Seafood Limited, in the matter of Clean Seas Seafood Limited (No 2) [2025] FCA 729
  CORPORATIONS — Scheme of Arrangement — application for orders pursuant to s 1319 of the Corporations Act 2001 (Cth) to adjourn a scheme meeting and approve the dispatch of a supplementary scheme booklet — where bidder revised scheme consideration — where revised Scrip Ratio in lieu of cash payment — whether appropriate to exercise s 411(6)…
  Judge: O'SULLIVAN J
• 3 Jul 2025: Gidley, in the matter of Steel City Formwork (in liquidation) [2025] FCA 739
  CORPORATIONS – winding up – public examinations – review under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) of Registrar’s orders for production of documents – scope of power pursuant to s 596B of the Corporations Act 2001 (Cth) to require production of documents – whether documents relating to the applicant’s “personal affairs” may…
  Judge: YOUNAN J
• 3 Jul 2025: Albarran in his capacity as liquidator of State Road Constructions (in liquidation) v Ferrazzano [2025] FCA 730
  PRACTICE AND PROCEDURE – application for continuation of freezing and ancillary orders pursuant to rr 7.32, 7.33 and 7.35 of the Federal Court Rules 2011 (Cth) – where freezing orders, asset disclosure orders and search and seizure warrants have been made against the defendants – where company property alleged to be stolen or missing – where…
  Judge: CHEESEMAN J
• 1 Jul 2025: Envirosuite Limited, in the matter of Envirosuite Limited [2025] FCA 734
  CORPORATIONS – members’ scheme of arrangement – first court hearing – application for orders under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting of members of the plaintiff – whether statutory prerequisites satisfied – whether the Court’s discretion should be exercised to convene the meeting – orders made to convene a meeting of …
  Judge: MOSHINSKY J
• 2 Jul 2025: Australian Securities and Investments Commission v Wealth & Risk Management Pty Ltd (No 3) [2025] FCA 722
  CONTEMPT OF COURT – criminal contempt – where defendant admitted charges of contempt and particulars –contravention by defendant of previous order restraining him from carrying on financial services business, providing financial product advice and dealing in financial products – where conduct was contumacious and in deliberate defiance of…
  Judge: HORAN J
• 30 Jun 2025: Kaso, in the matter of Balcombe Bulk Haulage Pty Ltd (Administrator Appointed) [2025] FCA 725
  CORPORATIONS – administration – where administrators are appointed to the second plaintiff company – where the company acts solely as trustee of its trust on appointment of the administrator and holds property only in this capacity – application made by the administrator seeking orders relieving them from liability for past dealings with trust…
  Judge: MCEVOY J
• 27 Jun 2025: VGW Holdings Limited, in the matter of VGW Holdings Limited [2025] FCA 715
  CORPORATIONS - scheme of arrangement - first hearing to convene meeting of members pursuant to s 411(1) of the Corporations Act 2001 (Cth) - proposal for acquisition of shares for cash, alternatively scrip consideration - independent expert's opinion that proposal is fair and reasonable in respect of cash consideration but unlikely to be fair and…
  Judge: JACKSON J
• 30 Jun 2025: The Reject Shop Limited, in the matter of The Reject Shop Limited (No 2) [2025] FCA 723
  CORPORATIONS – scheme of arrangement – second court hearing – application for order under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme – whether statutory and procedural requirements satisfied – whether discretion should be exercised in favour of scheme – scheme approved
  Judge: SARAH C DERRINGTON J
• 30 Jun 2025: Mercedes-Benz Financial Services Australia Pty Ltd v RPO Pty Ltd (in liq) [2025] FCA 714
  COMMERCIAL LAW – applicant having registered security interests in 40 motor vehicles – whether orders should be made facilitating the exercise of the applicant’s right of seizure of the vehicles under s 123 of the Personal Property Securities Act 2009 (Cth) – orders having effect of permitting applicant to enter on to private land for purposes of…
  Judge: CHARLESWORTH J
• 27 Jun 2025: McKenna (liquidator), in the matter of Raised Pty Ltd (in liq) [2025] FCA 699
  PRACTICE AND PROCEDURE – application for issue of arrest warrant – where summons was issued requiring attendance at examination – where examinee failed to attend examination – whether arrest warrant ought to be issued pursuant to r 11.10 of the Federal Court (Corporations) Rules 2000 (Cth)
  Judge: KENNETT J

• Australian Securities and Investments Commission (ASIC)