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)

• 20 May 2025: Li v Huang [2025] FCA 515
  PRACTICE AND PROCEDURE – application for summary dismissal of proceeding as against first defendant – whether any final relief sought as against the first defendant – where pleadings disclose no reasonable cause of action as against first defendant – where no utility in granting leave to amend pleadings – application allowed
  Judge: MARKOVIC J
• 19 May 2025: Modco Residential Pty Ltd (in liq) v Nextruss Steel Pty Ltd [2025] FCA 518
  CORPORATIONS – application for leave to continue mothership proceeding against a number of defendants for unreasonable director related transactions and unfair preference payments – joinder requirements of r 9.02 of the Federal Court Rules 2011 (Cth) – leave granted
  Judge: BANKS-SMITH J
• 19 May 2025: Victorian Legal Services Board v Kuksal, in the matter of Kuksal [2025] FCA 508
  COURTS AND JUDGES – Apprehended bias –circumstances giving rise to reasonable apprehension of bias – former professional relationship with counsel – former professional relationship with party to proceeding – former professional relationship with potential witness – duty of disclosure – where professional obligations prohibit appropriate…
  Judge: BENNETT J
• 30 Apr 2025: GPN Vaccines Limited, in the matter of GPN Vaccines Limited [2025] FCA 497
  CORPORATIONS – Scheme of arrangement – First court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement – orders made – exercise of the power under r 39.05(g) of the Federal Court Rules 2011 (Cth) to correct a clerical mistake in the orders.
  Judge: LONGBOTTOM J
• 15 May 2025: CIP Group Pty Ltd v So (No 8) [2025] FCA 482
  PRACTICE AND PROCEDURE – injunctions – variation of injunction – circumstances revealing absence of any valuable undertaking as to damages – injunction previously dissolved in part – whether appropriate to dissolve injunction entirely
  Judge: DERRINGTON J
• 13 May 2025: Park v Privium Pty Ltd (in liq), in the matter of Privium Pty Ltd (in liq) [2025] FCA 500
  BANKRUPTCY AND INSOLVENCY – application for orders for an extension of time under s 588FF(3) of the Corporations Act 2001 (Cth) – extension granted
  Judge: DOWNES J
• 12 May 2025: Clean Seas Seafood Limited, in the matter of Clean Seas Seafood Limited [2025] FCA 502
  CORPORATIONS — Scheme of Arrangement — application under ss 411 and 1319 of the Corporations Act 2001 (Cth) — first court hearing — where proposed acquisition of member shares in target company in exchange for payment or entitlement to shares in acquiring company — whether it is appropriate for the Court to exercise its discretion to make orders…
  Judge: O'SULLIVAN J
• 15 May 2025: Scenic Rim Regional Council v Cutbush [2025] FCA 493
  BANKRUPTCY AND INSOLVENCY — Application under s 52(5) of the Bankruptcy Act 1966 (Cth) to extend the period at the expiration of which the creditor’s petition will lapse — Intervention of the Official Receiver as amicus curie — procedural delays not attributable to the Applicant — Orders granted.
  Judge: WHEATLEY J
• 12 May 2025: Caddy (Administrators Appointed), in the matter of Roberts Co (Vic) Pty Ltd (Administrators Appointed) [2025] FCA 492
  BANKRUPTCY AND INSOLVENCY — Application by administrators for directions under s 90-15 of Div 90 of Sch 2 (Insolvency Practice Schedule (Corporations) to the Corporations Act 2001 (Cth) — Whether appropriate to give direction — Application for direction granted.
  Judge: WHEATLEY J
• 2 May 2025: MedAdvisor Limited, in the matter of MedAdvisor Limited [2025] FCA 491
  CORPORATIONS — Share issues in ASX listed company — Failure to give notice under s 708A(5)(e) of the Corporations Act 2001 (Cth) — Requirement to make disclosure concerning share issues under s 706 in absence of cleansing notice — Effect on on-sales — Extension of period under s 708A(6)(a) to date cleansing notice issued — Application for relief…
  Judge: WHEATLEY J

• Australian Securities and Investments Commission (ASIC)