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
- 4 Sep 2026:
James v Narang Bir-Rong Aboriginal Corporation, in the matter of Narang Bir-Rong Aboriginal Corporation (Special Administrators Appointed) [2026] FCA 1408
BANKRUPTCY AND INSOLVENCY – corporation incorporated under Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) (CATSI Act) – relevant statutory provisions of CATSI Act – application by joint and several administrators for an order that the corporation be wound up pursuant to s 526-1 of the CATSI Act – whether corporation is…
Judge: WIGNEY J - 22 Sep 2026:
Big Review TV Ltd (in liq) v FC Securities Pty Ltd (No 2) [2026] FCA 1392
CORPORATIONS – whether officers of the first applicant breached fiduciary duties and duties under the Corporations Act 2001 (Cth) by procuring or approving the entry by the first applicant into agreements with the first and second respondents – where applicants allege that the agreements were commercially unreasonable and entered into by officers…
Judge: MOORE J - 22 Sep 2026:
Registrar of Aboriginal and Torres Strait Islander Corporations v Cobus [2026] FCA 1391
CORPORATIONS – application by the Registrar of Aboriginal and Torres Strait Islander Corporations regarding contraventions of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) – where the respondent director drew 12 cheques on the corporation’s bank account without proper authorisation – where in respect of seven of those…
Judge: STEWART J - 21 Sep 2026:
Walley, in the matter of Royal National Capital Alliance Ltd (Administrators Appointed) (No 2) [2026] FCA 1383
CORPORATIONS – application by liquidators for directions under s 90-15(1) of Insolvency Practice Schedule – where company acted solely as trustee for investment scheme – whether liquidators justified in not conducting public examinations, discontinuing recovery proceedings and distributing remaining proceeds – whether liquidators entitled to…
Judge: DERRINGTON J - 17 Aug 2026:
Barber v Blackmagic Design Pty Ltd (Security for Costs) [2026] FCA 1378
PRACTICE AND PROCEDURE – application for security for costs – oppression suit – where the non-resident applicant’s only domestic asset is shares in the company the subject of the oppression suit – whether that asset is sufficient to enforce any costs judgment in due course – whether the company’s joint defence with its directors and majority…
Judge: STEWART J - 15 Sep 2026:
Australian Securities and Investments Commission v Star Investment Group Australia Pty Ltd [2026] FCA 1380
CORPORATIONS – interim freezing orders and travel restraint – ex parte – ongoing investigation by the Australian Securities and Investments Commission – suspected contraventions of the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) in respect of unregistered property development scheme – orders…
Judge: ANDERSON J - 3 Sep 2026:
Shepard (Administrators), in the matter of Edge Early Learning Holdings Pty Ltd (Administrators Appointed) [2026] FCA 1376
CORPORATIONS — Application to dispense with the requirement to maintain separate administration accounts for each of the companies under Div 65 of the Insolvency Practice Schedule (Corporations) — Where one company acted as quasi-treasury for the entire corporate group — Orders sought nunc pro tunc — Orders made. CORPORATIONS — Application to form …
Judge: WHEATLEY J - 17 Sep 2026:
Topp, in the matter of McLennan Holdings Pty Limited (In Liq) [2026] FCA 1259
SUPERANNUATION – interlocutory application seeking orders that Court-appointed receiver of self-managed superannuation fund (Fund) is justified in not commencing proceedings against various individuals, confirming members of Fund, preparing and lodging all outstanding returns and financial statements, rolling over or paying out remaining member…
Judge: SHARIFF J - 2 Sep 2026:
Sava Engineering Pty Limited (In Liquidation), in the matter of WMG Holdings Co Pty Ltd v WMG Holdings Co Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) [2026] FCA 1260
CORPORATIONS — Application under s 459A and s 447A of the Corporations Act 2001 (Cth) for the winding up of the company and appointment of liquidator — Where company entered voluntary administration after the commencement of the winding up application — Where each party proposed a different liquidator — Where company administrator sought to be…
Judge: WHEATLEY J - 11 Sep 2026:
ST Private Investment Fund No 1 Pty Ltd v Agio Global Funds Management Pty Ltd [2026] FCA 1367
CORPORATIONS — Application for appointment of receivers and managers under s 23 and s 57 of the Federal Court of Australia Act 1976 (Cth) — Whether just or convenient to appoint receivers — Where there was evidence that the fund did not hold an Australian Financial Services Licence — Where sole director consented to the appointment of receivers —…
Judge: WHEATLEY J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.
National Coordinating Judges
- Markovic J
- Halley J
- Downes J
- Neskovcin J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis





