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:
General Practice Notes: |
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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
- 8 Aug 2025:
Australian Securities and Investments Commission v iSignthis Limited (Penalty) [2025] FCA 917
CORPORATIONS – disqualification orders and pecuniary penalties sought against director and company – where serious contraventions of ss 180, 674(2A) and 1309(1) and (12) of the Corporations Act 2009 (Cth) by director – where serious contravention of s 674(2) of the Act by company – where contraventions involved misleading market and market…
Judge: MCEVOY J - 8 Aug 2025:
Platinum Capital Limited, in the matter of Platinum Capital Limited (No 2) [2025] FCA 925
CORPORATIONS – application under s 1319 of the Corporations Act 2001 (Cth) to cancel a meeting of shareholders convened pursuant to s 411(1) of the Corporations Act – where scheme resolution unlikely to attain requisite approval due to opposition of substantial shareholder – where scheme implementation deed terminated – where directors of opinion…
Judge: CHEESEMAN J - 5 Aug 2025:
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 11) [2025] FCA 905
PRACTICE AND PROCEDURE – enforcement of judgment – application concerning distribution of net proceeds of sale of property – where plaintiffs awarded equitable compensation – where respondents claimed entitlement to net proceeds – where only one respondent filed points of claim which was subsequently discontinued – where plaintiffs filed defence…
Judge: JACKMAN J - 30 Jul 2025:
Fraser, in the matter of AQC Dartbrook Pty Ltd (administrators appointed) (receivers and managers appointed) [2025] FCA 889
CORPORATIONS – applications by administrators under s 439A(6) of the Corporations Act 2001 (Cth) for an extension of the convening period for the second meeting of creditors of companies and ancillary orders – where companies are engaged in an unincorporated joint venture to operate a mine – where more time needed to effect a sale or…
Judge: CHEESEMAN J - 5 Aug 2025:
Clifford Constructions Pty Limited (in liquidation) v Lucca Rd Pty Ltd [2025] FCA 897
CORPORATIONS – application pursuant to s 477(2B) of the Corporations Act for approval of settlement agreements – retrospective approval sought – approval granted
Judge: OWENS J - 1 Aug 2025:
Pilbara Minerals Limited, in the matter of Pilbara Minerals Limited [2025] FCA 890
CORPORATIONS - application for relief of civil liability pursuant to s 1322(4)(c) of the Corporations Act 2001 (Cth) (Act) resulting from failures to comply with ASIC Corporations (Wholly-owned Companies) Instrument 2016/78 (Instrument) and for extension of time for compliance with Instrument pursuant to s 1322(4)(d) of the Act - whether person…
Judge: VANDONGEN J - 31 Jul 2025:
FSLP Pty Ltd (In Liquidation) v Sunnie 1 Pty Ltd, in the matter of Sunnie 1 Pty Ltd [2025] FCA 893
BANKRUPTCY AND INSOLVENCY – application for winding up of defendant company under s 459A or subs 461(1)(k) of the Corporations Act 2001 (Cth) – application for appointment of receivers and managers of defendant’s trust under s 57 of the Federal Court of Australia Act 1976 (Cth) – where no appearance from defendant – where failure to comply with…
Judge: JACKMAN J - 4 Aug 2025:
Kailash Lawyers Pty Ltd v Patial [2025] FCA 884
CORPORATIONS – application to set aside creditors statutory demands served on four companies – whether the companies applied “to the Court for an order setting aside a statutory demand” within the meaning of s 459G of the Corporations Act 2001 (Cth) in circumstances where, as co-plaintiffs, they filed one originating application to set aside the…
Judge: GOODMAN J - 1 Aug 2025:
Harris v Moses, in the matter of Harris [2025] FCA 886
BANKRUPTCY — application to set aside a bankruptcy notice or in the alternative to extend time for compliance with the bankruptcy notice pursuant to s 41(6A) of the Bankruptcy Act 1966 (Cth) — where applicant subject to judgment debt — where no application for stay of the judgment — where applicant failed to adduce any evidence as to financial…
Judge: O'SULLIVAN J - 1 Aug 2025:
Preston, in the matter of the Forum Group of Companies Pty Ltd (in liq) [2025] FCA 883
CORPORATIONS – application for judicial advice or direction – distribution of assets realised of various companies affected by large scale fraud – where competing legal and equitable interests in the discrete assets (including proceeds of assets sold) of multiple companies – whether applicants, in their capacity as liquidators and or receivers,…
Judge: CHEESEMAN J
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National Coordinating Judges
- Derrington J
- Banks-Smith J
- Cheeseman J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis