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)

• 4 Jun 2025: EVP Opportunities Master Pty Ltd as trustee for the EVP Opportunities Master Fund v Strong Room Technology Pty Ltd (Administrators Appointed) [2025] FCA 594
  CORPORATIONS – application for an order pursuant to s 600H(1)(b) of the Corporations Act 2001 (Cth) to allow a creditor with potentially subordinate claims within the meaning of 563A of the Corporations Act to vote at the second creditors’ meeting – where there is potential for amounts to be available to a subordinated creditor – sufficiency of…
  Judge: MOORE J
• 16 May 2025: Reid, in the matter of Kununurra Panel Beating Works (Holdings) Pty Ltd (in liq) [2025] FCA 593
  BANKRUPTCY AND INSOLVENCY – application for order to pool assets and liabilities of companies in liquidation made under s 90-15 of the Insolvency Practice Schedule (Corporations) at Sch 2 to the Corporations Act 2001 (Cth) (Act) – application amended to rely on s 579E of the Act – whether just and equitable to make such order – whether the Court…
  Judge: O'BRYAN J
• 5 Jun 2025: Trafford-Jones v Liu, in the matter of the bankrupt estate of Liu (No 2) [2025] FCA 589
  PRACTICE AND PROCEDURE – application for review of registrar’s decision to issue order for production – application to vary terms of order for production – where order for production issued in aid of exercise of the powers under s 81 of the Bankruptcy Act 1966 (Cth) – whether order for production is vexatious, oppressive or otherwise unfair –…
  Judge: MARKOVIC J
• 26 May 2025: Frigger v Trenfield (Application to Adjourn Final Hearing) (No 2) [2025] FCA 580
  PRACTICE AND PROCEDURE - application to adjourn final hearing - where final hearing would be conducted before outcome of application for leave to appeal interlocutory judgment - where applicants seek leave to appeal to join a party to the proceedings and further amend statement of claim - whether prejudice to the applicants would arise if the…
  Judge: COLVIN J
• 4 Jun 2025: Orel, in the matter of an application by Orel [2025] FCA 590
  SUPERANNUATION – application by undischarged bankrupt under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth) for order that the applicant is not a disqualified person in relation to a company which is the trustee of a self-managed superannuation fund – application under s 206G(1)(c) of the Corporations Act 2001 (Cth) for…
  Judge: SARAH C DERRINGTON J
• 3 Jun 2025: Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad (No 4) [2025] FCA 576
  PRACTICE AND PROCEDURE – s 471B of the Corporations Act 2001 (Cth) – leave to proceed in an existing proceeding against a respondent company in provisional liquidation. Held: application granted.
  Judge: CHEESEMAN J
• 3 Jun 2025: Fullarton v Australian Securities and Investments Commission [2025] FCA 585
  PRACTICE AND PROCEDURE – application for leave to appeal – where applicant failed to comply with directions – where applicant failed to appear at case management hearings – where no sufficient explanation or justification provided for the non-appearances and failure to comply – whether a further extension should be granted – application dismissed
  Judge: DOWNES J
• 3 Jun 2025: Heesh, in the matter of Australian Bullion Company (Jewellery) Pty Ltd (in liq) [2025] FCA 571
  CORPORATIONS – liquidators’ application pursuant to s 477(2B) of the Corporations Act 2001 (Cth) for retrospective approval of entry into funding agreement of more than three months – one year delay in bringing application – where the funding agreement includes provision for payment of a success fee – application for confidentiality, suppression…
  Judge: CHEESEMAN J
• 23 May 2025: Blundell, in the matter of Reacon Australia Pty Ltd (in liquidation) v Ctrl Print Pty Limited as trustee for Ctrl Print Management Unit Trust [2025] FCA 578
  CORPORATIONS – urgent application by liquidators seeking leave to be appointed as voluntary administrators pursuant to s 436B(2)(g) of the Corporations Act 2001 (Cth) – where purpose of application to place the company into voluntary administration and to convene meeting of creditors to consider a revised deed of company arrangement – ancillary…
  Judge: DERRINGTON J
• 15 Apr 2025: Talacko, in the matter of Talacko (Bankrupt) v Bankrupt Estate of Talacko [2025] FCA 574
  BANKRUPTCY AND INSOLVENCY – Whether leave should be granted under s 58(3)(b) of the Bankruptcy Act 1966 (Cth) to take a fresh step in proceedings in the Czech Republic in respect of orders of the Supreme Court of Victoria – Whether proceedings in the Czech Republic are “legal proceedings” in respect of a “provable debt” within the meaning of s…
  Judge: LONGBOTTOM J

• Australian Securities and Investments Commission (ASIC)