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
- 29 Oct 2026:
Hudson Global Investments Pty Ltd v Elkerton [2026] FCA 1577
PRACTICE AND PROCEDURE – application for leave for non-lawyer to represent plaintiff corporation – where purpose of proceeding is to benefit a third party, being the sole shareholder of the plaintiff – where proposed representative has a conflict – whether leave for sole director and shareholder to appear on behalf of plaintiff company should be…
Judge: MOORE J - 29 Oct 2026:
Marlton Investments Pty Ltd v Villawood Management Pty Ltd [2026] FCA 1613
PRACTICE AND PROCEDURE – application for leave to file statement of claim in oppression proceeding – where parties agree pleadings necessary – where respondent opposed inclusion of particular paragraphs of proposed statement of claim
Judge: O'CALLAGHAN J - 28 Oct 2026:
Jahani v Qiu, in the matter of Ralan Property Services Pty Ltd (receivers and managers appointed) (in liq) (non-party application) [2026] FCA 1619
CORPORATIONS – application by non-party creditor for leave to be heard or otherwise participate in proceeding – r 2.13 of the Federal Court (Corporations) Rules 2000 (Cth) – proposed reliance on findings made in other proceedings – s 91 of the Evidence Act 1995 (Cth) – proposed material would not assist in determination of issues arising on the…
Judge: CHEESEMAN J - 27 Oct 2026:
Nano v Sound Advice Australia Pty Ltd [2026] FCA 1608
CORPORATIONS – application by one of two company directors for appointment of provisional liquidator pursuant to s 472(2) of the Corporations Act 2001 (Cth) – breakdown of relationship between the two company directors – question as to present ability of company to acquit current liabilities – plaintiff has reasonable prospect of obtaining a…
Judge: YOUNAN J - 29 Sep 2026:
Banerjee (Liquidator), in the matter of Eastside Formwork Pty Ltd (in liq) v Stojic (Application for Freezing Order) [2026] FCA 1594
PRACTICE AND PROCEDURE – application by plaintiffs for freezing order – defendants seek to appeal from trial judgment and to refinance loan over property to enable legal fees to be paid – consideration of risks between undertaking given by defendants and freezing order – undertaking to be given in lieu of making order
Judge: NEEDHAM J - 22 Oct 2026:
Storey, in the matter of Britton v Britton (No 3) [2026] FCA 1593
PRACTICE AND PROCEDURE — Application for an adjournment — Where adjournment previously granted — Provision of medical certificate — Potential question of competency — Whether evidence sufficient to warrant grant of adjournment — Prejudice to other side if adjournment granted — Effect of adjournment on court resources — Adjournment refused
Judge: WHEATLEY J - 23 Oct 2026:
Australian Securities and Investments Commission v Marco (No 22) [2026] FCA 1543
CORPORATIONS – application by Court appointed Receivers for fixing remuneration and interim payment of remuneration pending determination by a Registrar – fixing of an appropriate percentage for interim payment – whether interim payment is subject to appropriate safeguards
Judge: FEUTRILL J - 23 Oct 2026:
Sijabat (Liquidator) v Avance Urban Pty Limited, in the matter of Avance Urban Pty Limited (In Liquidation) [2026] FCA 1590
PRACTICE AND PROCEDURE – application under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) by recipients of summonses for examination and orders for production by liquidator, to set aside or stay summonses and orders for production – whether applicants have standing – where applicants not party to the proceedings before the Registrar –…
Judge: JACKMAN J - 22 Oct 2026:
McCabe v Mosaic Brands Limited, in the matter of Mosaic Brands Limited (In Liquidation) (Receivers and Managers Appointed) [2026] FCA 1569
PRIVILEGE – legal professional privilege – claim of legal professional privilege by current and/or former directors of Mosaic Brands Limited and its subsidiaries (together, Mosaic Companies) – whether advice relating to the safe harbour provisions of the Corporations Act 2001 (Cth) (safe harbour advice) is subject to a claim for privilege by the…
Judge: MARKOVIC J - 22 Oct 2026:
Rowell v Michell (Trustee) [2026] FCA 1559
PRACTICE AND PROCEDURE – application for extension of time to appeal against decision of a judge of the Federal Circuit and Family Court of Australia dismissing an application seeking annulment of bankruptcy pursuant to s 153B(1) of the Bankruptcy Act 1966 (Cth) – where application meritless – application dismissed
Judge: O'CALLAGHAN J
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National Coordinating Judges
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- Neskovcin J
National Coordinating Registrars
- Tim Luxton
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