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
- 3 Sep 2026:
Kambouris v Paule, in the matter of Paule (No 2) [2026] FCA 1299
BANKRUPTCY AND INSOLVENCY – review of Judicial Registrar’s decision to make a sequestration order under s 35A of the Federal Court of Australia Act 1976 (Cth) – whether the creditor’s petition should be adjourned to allow the debtor to invoke the provisions of Part X of the Bankruptcy Act 1966 (Cth) – where bankruptcy notice is based upon a…
Judge: GOODMAN J - 3 Sep 2026:
Sozou v Bardella, in the matter of Dropshaft Pty Ltd (in liquidation) (substituted service) [2026] FCA 1304
PRACTICE AND PROCEDURE – orders for substituted service on first defendant – no point of principle. Held: orders for substituted service made.
Judge: CHEESEMAN J - 2 Sep 2026:
Shenzhen Xinhe Hongshi Investment & Consultancy Co Ltd v Shandong Ruyi Technology Group Co Ltd (No 3) [2026] FCA 1214
PRIVATE INTERNATIONAL LAW – enforcement of foreign judgments – courts of the People’s Republic of China – where there is no reciprocity of enforcement under the Foreign Judgments Act 1991 (Cth) – whether the foreign judgments are enforceable at common law CORPORATIONS – insolvency – application to wind up a “Part 5.7 body” under s 583 of the…
Judge: STEWART J - 27 Aug 2026:
R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (in liq) (Security for Costs and AI) [2026] FCA 1265
REPRESENTATIVE PROCEEDINGS – security for costs – further security for future costs – structured conferral process – further security for past costs of fourth respondent – broad-brush assessment – proportionality PRACTICE AND PROCEDURE – future case management – use of referee process for opinion evidence – use of artificial intelligence to reduce …
Judge: LEE J - 1 Sep 2026:
Australian Securities and Investments Commission v Brite Advisors Pty Ltd (Receivers and Managers Appointed) (in liq) (No 5) [2026] FCA 1282
CORPORATIONS — application by non-party pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) to set aside decision by Receivers to reject his claim for payment from the deficient mixed fund on the basis the respondent deposited amounts into an investment account on his behalf pursuant to a swap agreement — where leave granted for…
Judge: O'SULLIVAN J - 1 Sep 2026:
Sozou (Liquidator), in the matter of SSG NSW Pty Ltd (in liq) [2026] FCA 1293
CORPORATIONS – application by liquidators for extension of time for the making of an application under s 588FF(1) of the Corporations Act 2001 (Cth) – where former liquidator had insufficient funding to pursue potential claims – where current liquidators only appointed around halfway through the 3 year period – where ascertaining position of…
Judge: JACKMAN J - 25 Aug 2026:
Otway, in the matter of Chris Evans Transport Pty Ltd (Administrators Appointed) [2026] FCA 1269
CORPORATIONS — application by the plaintiff (the Administrators) pursuant to s 447 of the Corporations Act 2001 (Cth) and s 90-15 of Schedule 2 to the Act to adjourn the second meeting of creditors — where the second meeting of creditors was previously adjourned to facilitate a sale of the business and assets of the administered company — where…
Judge: O'SULLIVAN J - 28 Aug 2026:
Independent Commission Against Corruption v Waterhouse (Recusal) [2026] FCAFC 109
PRACTICE AND PROCEDURE – recusal application – litigant in person – consideration of actual and/or apprehended bias – application dismissed
Judge: MARKOVIC, COLVIN AND MCELWAINE JJ - 27 Aug 2026:
Brushe (Trustee) v Leach, in the matter of Leach (Bankrupt) [2026] FCA 1242
HIGH COURT AND FEDERAL COURT – jurisdiction of the Federal Court of Australia – where respondent alleges that Federal Court of Australia lacks jurisdiction – whether s 35 of the Bankruptcy Act 1966 (Cth) limits the Federal Court of Australia’s jurisdiction under s 27 of the Bankruptcy Act 1966 (Cth) – whether the proceeding is a “matrimonial…
Judge: MEAGHER J - 27 Aug 2026:
Hagakure Limited v Cassisi, in the matter of vbaZen International Pty Ltd [2026] FCA 1235
CORPORATIONS – oppression – where company established as a joint venture between two friends to develop and commercialise a software product – where each held one-half of the shares and directorships – where the relationship deteriorated following a disagreement over proposed commercialisation of the product – where the plaintiffs did not pay the…
Judge: GOODMAN J
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- Tim Luxton
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