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)

• 19 Jun 2025: Mirror Trading International (Pty) Ltd (in liq) v Went [2025] FCA 665
  PRACTICE AND PROCEDURE – application for default judgment under rr 5.22 and 5.23 of the Federal Court Rules 2011 (Cth) (the Rules) – application for declaratory relief in respect of transfers of bitcoin
  Judge: O’CALLAGHAN J
• 19 Jun 2025: Viscariello v Najjar [2025] FCA 655
  CONTRACT – proper construction of an agreement relating to the costs of a mediation – whether the respondent is liable in contract to pay the applicants’ costs of legal representation at and in connection with the mediation
  Judge: CHARLESWORTH J
• 16 Jun 2025: Bio Refining Industries Inc Corporation v Australian Securities and Investments Commission, in the matter of Eguana Holdings Pty Ltd (Deregistered) [2025] FCA 619
  CORPORATIONS – application for reinstatement of registration of company and appointment of liquidator pursuant to s601AH of the Corporations Act 2001 (Cth) – whether plaintiff an aggrieved person – where purpose of proposed reinstatement is to allow company to pursue prospective claim - whether reinstatement would be just – where Australian…
  Judge: YOUNAN J
• 6 May 2025: Gladstone Region Aboriginal & Islander Community Controlled Health Service Limited v National Aboriginal Community Controlled Health Organisation [2025] FCA 656
  CORPORATIONS LAW — Application for an interlocutory injunction to restrain the holding of an extraordinary general meeting of members of a company — Whether the Applicants can establish a prima facie case — Consideration of what is in the best interest of the members as a whole — Whether the balance of convenience favours an interlocutory…
  Judge: WHEATLEY J
• 18 Jun 2025: North Shore Property Developments Pty Ltd (in liq) v Haddad (No 2) [2025] FCA 642
  CONTRACTS – where the applicants allege a deed of settlement and release was entered into in reliance on fraudulent misrepresentations made by the first respondent – whether fraudulent representations were made by the first respondent – whether the first respondent knew of the representations’ falsity – whether the first respondent intended for…
  Judge: KENNETT J
• 4 Jun 2025: Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 10) [2025] FCA 633
  PRACTICE AND PROCEDURE – application to discharge stay orders granted by consent – discharge sought on grounds of first defendant’s non-compliance with conditions of stay – where conditions included that first defendant take all steps to sell property and pay proceeds to plaintiffs and controlled moneys account – where no genuine attempt made so…
  Judge: JACKMAN J
• 16 Jun 2025: Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 4) [2025] FCA 636
  COSTS — where related proceedings were commenced in the Supreme Court of South Australia before being cross-vested to this Court — where two matters heard and determined at the same time — where applicants succeeded in one matter but failed in the other — where the applicants made numerous offers of settlement including Calderbank offer — where…
  Judge: O'SULLIVAN J
• 5 Jun 2025: Vinyl Group Ltd, in the matter of Vinyl Group Ltd [2025] FCA 595
  CORPORATIONS – where omission to lodge “cleansing notices” pursuant to s 708A(5) of the Corporations Act 2001 (Cth) within time subsequent to the issuing of shares –– where omission by company inadvertent and not subject to dishonesty – application under s 1322 – honesty of conduct – no substantial injustice is likely to be caused – application…
  Judge: MOORE J
• 13 Jun 2025: Spring, in the matter of Goal Group Australia Pty Ltd (in liquidation) (No 3) [2025] FCA 632
  BANKRUPTCY AND INSOLVENCY – where company identified and managed potential recoveries for clients in securities class actions – whether liquidators justified in causing company to pay Citizens Funds Entitlements to each Citizens Client on ground that Citizen Clients are respectively beneficially entitled to them – whether liquidators justified in…
  Judge: JACKMAN J
• 13 Jun 2025: McGrath, in the matter of IE CA 3 Holdings Ltd [2025] FCA 635
  BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application to set aside examination summonses brought by two prospective examinees in circumstances where local Australian proceedings are an adjunct to foreign main proceedings in Canada – whether examination summonses amount to an abuse of process in circumstances where there has been an…
  Judge: SHARIFF J

• Australian Securities and Investments Commission (ASIC)