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 Jun 2026:
Australian Agricultural Opportunities Limited v Agripower Australia Limited (subject to deed of company arrangement) [2026] FCA 777
CORPORATIONS – corporate group involved in mining in Queensland – application to terminate deed of company arrangement pursuant to section 445D Corporations Act 2001 (Cth) – omission in report to creditors – continuance of deed of company arrangement avoids investigations into conduct of directors – company likely to continue to be insolvent –…
Judge: DOWNES J - 19 Jun 2026:
Barnden (Deed Administrator), in the matter of BOD Science Limited (Subject to a Deed of Company Arrangement) [2026] FCA 795
CORPORATIONS – deed of company arrangement – application for leave to transfer shares and options in accordance with the DOCA – where liabilities are greater than value of assets – where shares have no economic value – where shareholders would be in the same financial position under DOCA or liquidation – where DOCA would allow business of company…
Judge: JACKMAN J - 19 Jun 2026:
AK Ippolito Investments Pty Limited v Family Farm Management Pty Ltd, in the matter of Family Farm Management Pty Ltd [2026] FCA 780
PRACTICE AND PROCECURE — Judgment and Orders — Summary judgment — Reasonable prospects of success — Where the Defendant’s summary judgment application argued the Plaintiffs lacked standing — Where the Defendant’s summary judgment application based on hypothetical scenario — Plaintiffs’ case alleges unregistered managed investment scheme — Where…
Judge: WHEATLEY J - 8 May 2026:
Kelly v Hall & Wilcox [2026] FCA 567
COSTS – whether assessment of costs charged by the respondent should be referred to a costs assessor as a referee – where the parties agree that referral should occur but disagree on timing – “two imperfect options” – whether the referral should occur first and the matters requiring determination by the Court be excluded from the cost assessor’s…
Judge: NEEDHAM J - 17 Jun 2026:
Corry v NHB Enterprises Pty Ltd, in the matter of Corry [2026] FCA 768
BANKRUPTCY AND INSOLVENCY – review of a Registrar’s order to dismiss an application to set aside a bankruptcy notice – whether the applicant has a qualifying counter-claim, set-off or cross demand equal to or exceeding the amount of the judgment debt – where the claim is at best highly speculative and has poor prospects – whether the claim is…
Judge: STEWART J - 18 Jun 2026:
Ablett v Matrix Commercial Interiors Pty Ltd [2026] FCA 723
BANKRUPTCY AND INSOLVENCY – Application to wind up a company in insolvency under s 459P of the Corporations Act 2001 (Cth) – Presumption of insolvency pursuant to s 459C(2) of the Corporations Act 2001 (Cth) – Repossession of personal property to enforce security interest under loan agreement – Failure to comply with statutory demand – Whether…
Judge: LONGBOTTOM J - 17 Jun 2026:
Kelly v Hall & Wilcox (Suppression and Separate Questions) [2026] FCA 750
PRACTICE AND PROCEDURE – application for suppression and non-publication orders over confidential information identified by the applicants – where proceedings remain on foot – where application is not opposed by the respondent – the Court must ensure that the grounds for the orders have been made out, even where an application is not opposed –…
Judge: NEEDHAM J - 18 Jun 2026:
Crane v Gidley (Liquidator), in the matter of Steel City Formwork Pty Ltd (in liq) [2026] FCA 770
CORPORATIONS – winding up – public examinations – review under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) of Registrar’s orders for production of documents made under s 596B of the Corporations Act 2001 (Cth) – application for leave to appeal interlocutory judgment dismissing applicant’s application to set aside Registrar’s orders – …
Judge: MEAGHER J - 10 Jun 2026:
EVP Opportunities Master Pty Ltd as trustee for the EVP Opportunities Master Fund v Strong Room Technology Pty Ltd (Receiver and Manager Appointed) (Administrators Appointed) (No 2) [2026] FCA 772
BANKRUPTCY AND INSOLVENCY – application for leave to proceed against bankrupt seventh defendant pursuant to s 58(3)(b) of the Bankruptcy Act 1966 (Cth) – allegations that the seventh defendant was involved, with others, in the provision of false and misleading information to the plaintiff, as a potential investor in a company of which the seventh…
Judge: GOODMAN J - 16 May 2026:
Toro Energy Limited, in the matter of Toro Energy Limited (No 2) [2026] FCA 752
CORPORATIONS - scheme of arrangement - second court hearing for scheme - application for orders under s 411 of the Corporations Act 2001 (Cth) - whether statutory requirements satisfied - whether Court should exercise discretion in favour of making orders sought - orders made
Judge: VANDONGEN J
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National Coordinating Judges
- Markovic J
- Halley J
- Downes J
- Neskovcin J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis





