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)

• 20 Jun 2025: J F Investment Holdings Pty Ltd (Trustee), in the matter of Golden Mile Milling Pty Ltd v Hargrave [2025] FCA 713
  CORPORATIONS – application for leave to settle and discontinue proceedings under s 240 of the Corporations Act 2001 (Cth) – leave granted.
  Judge: LONGBOTTOM J
• 27 Jun 2025: Nipps (liquidator), in the matter of I-Prosperity Pty Ltd (in liq) [2025] FCA 696
  CORPORATIONS – application made by liquidators under s 477(2B) of the Corporations Act 2001 (Cth) for approval of entry into retainer agreements with solicitors PRACTICE AND PROCEDURE – application for non-publication and suppression orders pursuant to ss 37AI and 37AF of the Federal Court of Australia Act 1976 (Cth) in respect of the retainer…
  Judge: NESKOVCIN 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
• 26 Jun 2025: Payload Industries Pty Ltd v Melco Engineering Pty Ltd (Administrators Appointed) [2025] FCA 701
  CORPORATIONS – application to adjourn winding up of a company to enable a deed of company arrangement proposal to be considered at the second meeting of creditors – application granted
  Judge: YOUNAN J
• 11 Jun 2025: Emerald No 2 (SA) Pty Ltd v Matthews, in the matter of Sapphire (SA) Pty Ltd [2025] FCA 695
  CORPORATIONS – application for removal and replacement of liquidator – application seeking leave for the liquidator to be appointed as voluntary administrator pursuant to s 436B(2)(g) of the Corporations Act 2001 (Cth) and ancillary orders including a stay of the winding up of the company under s 482(1) – purpose of application to convene a…
  Judge: NESKOVCIN J
• 24 Jun 2025: Keystone Asset Management Limited (Receivers and Managers appointed) (in liquidation) v Filippini [2025] FCA 604
  PRACTICE AND PROCEDURE – stay of proceedings – application for stay of civil proceeding in light of possible criminal proceedings – applicable principles – whether criminal proceeding was a reasonable possibility – where some steps in the proceeding could take place without causing prejudice – application for stay refused
  Judge: MOSHINSKY J
• 25 Jun 2025: Newman (Trustee) v El-Sheikh Investment Holdings, in the matter of El-Sheikh Investment Holdings [2025] FCA 681
  CORPORATIONS – application to wind up company under s 461(1)(k) of the Corporations Act 2001 (Cth) – where sole shareholder an undischarged bankrupt – where undischarged bankrupt became sole shareholder pursuant to Final Orders in matrimonial proceedings – where dispute exists in relation to the Final Orders – whether company should be wound up…
  Judge: NESKOVCIN J
• 24 Jun 2025: ACN 117 641 004 Pty Ltd (in liq) v S&P Global, Inc (No 5) [2025] FCA 687
  EVIDENCE – commencement of complex and long trial imminent – where respondents applied for an order that certain witnesses to give oral evidence by audio-visual link (AVL) or alternatively an order that their evidence be taken on commission in New York - where witnesses live and reside in New York and are unwilling to travel - where one witness…
  Judge: SHARIFF J
• 16 Jun 2025: GPN Vaccines Limited, in the matter of GPN Vaccines Limited (No 2) [2025] FCA 672
  CORPORATIONS – Scheme of arrangement – Second court hearing – Whether approval of scheme should be granted – Securities Act of 1933 (US) exemption – Scheme approved.
  Judge: LONGBOTTOM J
• 19 Jun 2025: Tucker, in the matter of Lucapa Diamond Company Limited (Administrators Appointed) [2025] FCA 686
  CORPORATIONS – administrators appointed to four related companies – administrators pursuing a sale and recapitalisation process with a view to the companies’ businesses continuing to operate as a going concern – administrators caused the companies to enter into finance agreements and proposing to enter into further finance agreements to fund and…
  Judge: CHARLESWORTH J

• Australian Securities and Investments Commission (ASIC)