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
- 10 Nov 2026:
Goshawk Mining Pty Ltd v Hellyer Metals Pty Ltd, in the matter of Hellyer Metals Pty Ltd (in liq) [2026] FCA 1676
CORPORATIONS – standing – application under s 90-20 of the Insolvency Practice Schedule (Corporations) – meaning of “creditor of the company” in s 5-30 – whether a contingent creditor claiming unliquidated damages is a person with a financial interest in the external administration – distinction between standing to apply for winding up order and…
Judge: MCELWAINE J - 2 Nov 2026:
Guider v Coutts Lawyers & Conveyancers Pty Ltd, in the matter of Coutts Lawyers & Conveyancers Pty Ltd [2026] FCA 1679
PRACTICE AND PROCEDURE – interlocutory process to restrain plaintiffs from holding general meeting of Unit Trust (Business), voting on or passing any resolution to sell or otherwise dispose of the business of the First Defendant and to enter into any agreement to sell or otherwise dispose of the Business – serious question to be tried – whether…
Judge: MARKOVIC J - 5 Nov 2026:
Al Shawi v Ghaffari-Hesari (No 2) [2026] FCA 1673
CORPORATIONS – application by a director for injunctions seeking to compel other director to cause respondent company to make payments to creditors where directors disagreed about the order or terms upon which creditors are to be paid – where cash at bank currently insufficient to pay all creditors – application dismissed
Judge: O'CALLAGHAN J - 6 Nov 2026:
Arnautovic, in the matter of ACFS Port Logistics Pty Ltd (Receivers and Managers Appointed) (Administrators Appointed) (No 2) [2026] FCA 1669
CORPORATIONS – application for direction under s 90-15 of the Insolvency Practice Schedule (Corporations) that administrators are justified in causing the company to enter into new enterprise agreement – order under s 447A of the Corporations Act 2001 (Cth) limiting administrators’ liability – where current enterprise agreement has passed its…
Judge: JACKMAN J - 6 Nov 2026:
Karageozis (Administrator) v Polymer Direct Pty Ltd, in the matter of Evolve Group Pty Ltd (Administrators Appointed) [2026] FCA 1660
CORPORATIONS – application by liquidators for judicial advice under s 90-15 of the Insolvency Practice Schedule (Corporations) – where financing statement registered before creation of purchase money security interests – whether prior registration effective in respect of subsequently created security interests – whether security interests vested…
Judge: DERRINGTON J - 6 Nov 2026:
Grayson Family Ltd Partnership LLLP v Lynch [2026] FCA 1667
CORPORATIONS – application to bring derivative action under s 237 of the Corporations Act 2001 (Cth) – where evidence does not demonstrate that applicants are members or persons entitled to be registered as members – applicants lack standing – even if applicants had standing, evidence not sufficient to establish serious question to be tried…
Judge: JACKMAN J - 30 Oct 2026:
Connelly v Ludlow St Hamilton Pty Ltd (Trustee), in the matter of The Ludlow St Trust [2026] FCA 1666
CORPORATIONS – application for approval of court-appointed receivers’ remuneration – where claimed remuneration represents total amount left in fund – whether remuneration fair and reasonable – where proceedings on foot against receivers – whether receivers should be released from liability – remuneration approved but no release granted
Judge: DERRINGTON J - 29 Oct 2026:
Telstra Group Limited v Ieraci [2026] FCA 1661
CONTRACTS – interlocutory application – employment contract – restraint of trade – where respondent employed by applicant in senior executive position – employment contract restrained respondent from providing competitors with “services which are the same as or similar to” those provided in final 12 months of employment – respondent made redundant …
Judge: SNADEN J - 20 Oct 2026:
Australian Securities and Investments Commission v ALAMMC Developments Pty Ltd (No 4) [2026] FCA 1658
PRACTICE AND PROCEDURE — application by Liquidators for orders pursuant to s 477(2B) of the Corporations Act 2001 (Cth) retrospectively approving the entering into of a loan agreement on behalf of company in liquidation — application for directions pursuant to s 90-15 of the Insolvency Practice Schedule (Corporations) 2016 — whether the Court…
Judge: O'SULLIVAN J - 3 Nov 2026:
Healey v I’m Organic Pty Ltd, in the matter of AC Invest Hospitality Trading Pty Ltd (Receivers and Managers Appointed) [2026] FCA 1641
CORPORATIONS – application by receivers and managers for judicial advice pursuant to s 424 of the Corporations Act 2001 (Cth) – receivers and managers justified in dealing with, realising, selling and disposing of Company property – application for order under s 420B of the Corporations Act that receivers and managers are entitled to sell and…
Judge: YOUNAN J
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National Coordinating Judges
- Markovic J
- Halley J
- Downes J
- Neskovcin J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis





