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)

• 27 Aug 2025: Narayan (liquidator), in the matter of Pachira Investments Pty Ltd (in liq) [2025] FCA 1041
  CORPORATIONS – appointment of liquidators of trustee company as receivers and managers of trust property – where company holds assets as bare trustee – where appointment necessary for realising assets for benefit of creditors and for liquidators’ renumeration and expenses – where orders sought in related proceedings that money in court be paid out …
  Judge: JACKMAN J
• 27 Aug 2025: Special Gold Pty Ltd (in liq) v Dyldam Developments Pty Ltd (subject to a Deed of Company Arrangement) (No 3) [2025] FCA 1031
  COSTS – whether indemnity costs payable after plaintiff’s refusal of defendants’ offer of compromise – whether rejection of offer unreasonable – well-established factors considered – plaintiff to pay defendants’ costs on indemnity basis
  Judge: JACKMAN J
• 26 Aug 2025: Albarran, in his capacity as liquidator of State Road Constructions (in liquidation) v Ferrazzano (No 3) [2025] FCA 1026
  COSTS – application to vary costs orders made following inter partes return hearing of ex parte freezing orders – where orders sought in lieu of orders for plaintiff to pay costs of second, third and fifth defendants – where freezing order was discharged – Held: costs orders varied
  Judge: CHEESEMAN J
• 8 Aug 2025: Johnstone, In the matter of McLean Property Management Pty Ltd (in liquidation) [2025] FCA 1003
  CORPORATIONS – application to appoint liquidators as receivers and managers under s 57 of the Federal Court Act 1976 (Cth) – ancillary orders sought – where company appointed trustee by trust deed – where deed confers absolute discretion upon “Appointors” to remove trustee – where uncertainty persists as to status of company as trustee – whether…
  Judge: DERRINGTON J
• 22 Aug 2025: Michael Wilson & Partners, Ltd v Emmott [2025] FCA 1005
  PRACTICE AND PROCEDURE – where lawyer for the applicant does not have an Australian address for service – where solicitor based in Kazakhstan acting as the lawyer for the applicant – whether it is a requirement of the Federal Court Rules 2011 that a lawyer representing a corporation be a lawyer with an address in Australia – where lawyer for the…
  Judge: MOORE J
• 21 Aug 2025: Viridian Financial Group Ltd, in the matter of Viridian Financial Group Ltd [2025] FCA 997
  CORPORATIONS – scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) – order made for convening of shareholders’ meeting.
  Judge: ANDERSON J
• 19 Aug 2025: Dunn, in the matter of Centrex Limited (Subject to Deed of Company Arrangement) [2025] FCA 995
  CORPORATIONS – insolvency – where company subject to deed of company arrangement – where deed administrators sought leave pursuant to s 444GA(1)(b) of the Corporations Act 2001 (Cth) to transfer all the shares in the company for no consideration – whether transfer would unfairly prejudice the interests of members of the company – leave granted
  Judge: MOSHINSKY J
• 20 Aug 2025: Waterproofing Technologies Pty Limited v Perri (No 5) [2025] FCA 986
  PRACTICE AND PROCEDURE – security for costs – whether risk that applicants will be unable to meet an order for costs – where first applicant has substantial assets but second applicant does not – whether first applicant should provide an undertaking – where undertaking proffered by Group Managing Director apparently on behalf of another entity –…
  Judge: MOORE J
• 20 Aug 2025: Waterproofing Technologies Pty Limited v Perri (No 4) [2025] FCA 985
  PRACTICE AND PROCEDURE – application to add cross-respondents and new causes of action to cross-claim – where applicants have standing to object to joinder as it may affect the conduct of their existing claims – whether proposed pleadings are properly pleaded or particularised – application granted subject to certain pleadings being removed
  Judge: MOORE J
• 20 Aug 2025: Albarran, in the matter of Chala Metals Limited [2025] FCA 984
  CORPORATIONS – application by administrators for further extension of time within which to convene the second meeting of creditors – where extension sought to enable sale of assets – Daisytek order also sought – observations made concerning avoidable urgency in applications of this kind and related matters – extension granted
  Judge: OWENS J

• Australian Securities and Investments Commission (ASIC)