Commercial and Corporations

The Commercial and Corporations National Practice Area (NPA) covers:

• commercial contract disputes
• disputes concerning the conduct of corporations and their officers
• financial and transactional disputes
• insurance disputes
• all insolvency matters, both corporate and personal
• commercial class actions
• consumer claims (including Regulator claims)
• competition matters (including Economic Regulator-related matters)
• commercial arbitration disputes.

NPA Sub-areas

This NPA consists of six Sub-areas and each has a dedicated group of judges with expertise in that Sub-area:

• Commercial Contracts, Banking, Finance and Insurance Sub-area includes commercial contracts and matters relating to insurance, banking, finance and commercial transactional disputes
• Corporations and Corporate Insolvency Sub-area includes Corporations List matters, such as:
  • the appointment or conduct of liquidators
  • corporate insolvency matters, such as voidable transactions, extending of convening periods and cross-border insolvency
  • 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.
• General and Personal Insolvency Sub-area includes bankruptcy matters referred to a Judge by a Judicial Registrar and personal insolvency matters, including:
  • applications by trustees in the management of bankrupt estates
  • applications by bankrupts contesting decisions of a trustee
  • applications for annulment of bankruptcy.
• Regulator and Consumer Protection Sub-area includes:
  • consumer-related matters such as misleading and deceptive conduct, unconscionable conduct, unfair commercial practices, product liability matters and false advertising
  • Australian Consumer Law actions by the Australian Competition and Consumer Commission.
• Economic Regulator, Competition and Access Sub-area includes:
  • matters concerning anti-competitive conduct, including cartel matters (civil), mergers, misuse of market power and exclusive dealing
  • competition actions by the Australian Competition and Consumer Commission
  • infrastructure access and regulatory pricing.
• Commercial Arbitration Sub-area which covers matters concerning international contractual disputes under the International Arbitration Act 1974 (Cth) including:
  • scope of jurisdiction of an arbitral tribunal
  • stay applications and setting aside arbitral awards
  • enforcement of a foreign award or arbitral award
  • appointment or termination of appointment of an arbitrator
  • enforcement issues pursuant to the UNCITRAL Model Law.

This is a general guide to the types of matters in each Sub-area and is not intended to be exhaustive.

The Court is of the view that case management should reflect a practical business-like method of resolving a problem that eliminates unnecessary process-driven costs. It expects, particularly in commercial matters, that parties and their lawyers approach the litigation in a thoughtful, practical and common-sense way.

To facilitate this, the Court is encouraging:

• new mechanisms, such as the “concise statement method”, to expedite the commencement of commercial disputes
• tailored case management, to ensure the matter is managed in the manner best suited to its character and needs
• targeted document production and evidence procedures, such as “the Redfern Discovery Procedure” and the “Memorial Procedure”

Expediting a commercial dispute – Concise Statement Method

Under the NCF reforms and new practice documents, you may now seek to expedite your hearing process by any of the expedited processes available, including by way of the new “concise statement method”.

The Court anticipates that the majority of Commercial and Corporations matters will be assisted by being commenced with a concise statement. For details about the concise statement method see the National Court Framework webpage and the Central Practice Note (CPN-1) and Commercial and Corporations Practice Note (C&C-1).

Fast Track

The former Fast Track mechanisms permitted parties to seek a quicker or more truncated hearing process than usually available and to use less formal pleadings. The Fast Track procedure was effectively a commercial list procedure and such a procedure, or other effective and commercially sensible methods of commencing or expediting proceedings or introducing informal pleadings processes, remains open to the parties in this NPA. The procedure for the Fast Track mechanisms are set out in the former Practice Note: CM8 - Fast Track.

If a Fast Track or other expedited proceeding process is appropriate, the Court will attempt to provide a judge who has the necessary time available to devote to an expedited process and hearing.

Case management imperatives - first case management hearing

The first case management hearing is integral to the case management of a commercial matter, with the aim of identifying the issues in the matter at the earliest possible stage.

The Court expects that prior to the first case management hearing parties will consider and discuss with the other parties the “case management imperatives”, which are set out in the Court’s Central Practice Note, with some additional specific imperatives set out in the Commercial and Corporations Practice Note.

The case management imperatives that the Court expects parties to have considered include:

• identifying and narrowing the issues in dispute and making appropriate admissions in relation to the facts and matters which are not seriously in dispute
• considering any alternative dispute resolution, including mediation
• considering if any issues can be dealt with separately – such as preliminary issues of fact and law, or liability and quantum or penalty
• considering if expert evidence is required and if so, how best to put forward evidence – ie. by affidavit, statement, oral evidence or a combination
• discussing how to eliminate or reduce the burden of discovery
• agreeing on the time for trial and how it may be divided.

The Court’s national duty system has dedicated Commercial and Corporations NPA Duty Judges who provide timely and proactive responses to urgent Commercial and Corporation duty matters.

Practitioners can liaise directly with the chambers of the Commercial and Corporations Duty Judge to ensure that genuinely urgent matters are heard as soon as practicable. An urgent matter can be heard at any time, including, for cases that must be heard immediately, outside of business hours.

See the list of the current Commercial and Corporations Duty Judges in each registry (updated daily) and more information on How to Apply.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings:

Other general practice notes and Court developed guides which may be relevant to this NPA include:

Filing fees for commencing a proceeding in this NPA may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available on the Forms, Fees & Costs section of the Court’s website or from the Registry.

Commencing a proceeding in this NPA

Specific forms and rules for commencing proceedings in this NPA are available for each of the Sub-areas listed above.

In addition to the Federal Court Rules 2011 (Cth) (Rules), in the Corporations and Corporate Insolvency Sub-area and the General and Personal Insolvency Sub-area, the following rules apply respectively:

• Federal Court (Corporations) Rules 2000 (Cth) (Corporations Rules)
• Federal Court (Bankruptcy) Rules 2016 (Cth) (Bankruptcy Rules)

Subject to any specific legislative requirements relating to proceedings in any of the NPA Sub-areas, a Commercial and Corporations proceeding will generally be commenced 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 Federal Court Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).

• Corporations Act 2001 (Cth)
• Australian Securities Investments Commission Act 2001 (Cth)
• Competition and Consumer Act 2010 (Cth)

• 27 Aug 2026: Brushe (Trustee) v Leach, in the matter of Leach (Bankrupt) [2026] FCA 1242
  HIGH COURT AND FEDERAL COURT – jurisdiction of the Federal Court of Australia – where respondent alleges that Federal Court of Australia lacks jurisdiction – whether s 35 of the Bankruptcy Act 1966 (Cth) limits the Federal Court of Australia’s jurisdiction under s 27 of the Bankruptcy Act 1966 (Cth) – whether the proceeding is a “matrimonial…
  Judge: MEAGHER J
• 21 Aug 2026: N.R Molloy Pty Ltd (as Trustee for the N.R. Molloy Family Trust) v GTP Pty Ltd (as Trustee of the Shane Hill Family Trust) [2026] FCA 1254
  INTERLOCUTORY APPLICATION – Application for leave to amend defence to cross-claim – Application to join four new parties as concurrent wrongdoers – no final relief sought against proposed new parties – proposed joinder two weeks before trial risks trial date – inadequate explanation for delay – prejudice to the Respondents - detriment to other…
  Judge: BENNETT J
• 27 Aug 2026: Commissioner of the NDIS Quality and Safeguards Commission v Peters (Penalty and Other Relief) [2026] FCA 1241
  CIVIL PENALTY – where respondent convicted of seven counts of dishonestly obtaining a financial advantage by deception – where respondent breached a banning order issued under s 73ZN(2)(b) of the National Disability Insurance Scheme Act 2013 (Cth) – where respondent contravened s 73ZN(10) of the National Disability Insurance Scheme Act 2013 (Cth)…
  Judge: SHARIFF J
• 27 Aug 2026: Hagakure Limited v Cassisi, in the matter of vbaZen International Pty Ltd [2026] FCA 1235
  CORPORATIONS – oppression – where company established as a joint venture between two friends to develop and commercialise a software product – where each held one-half of the shares and directorships – where the relationship deteriorated following a disagreement over proposed commercialisation of the product – where the plaintiffs did not pay the…
  Judge: GOODMAN J
• 27 Aug 2026: Zentree Investments Limited v North Limited (Expedition) [2026] FCA 1234
  PRACTICE AND PROCEDURE – application for expedited hearing of appeal – factors relevant to expedition and interests of justice – where other proceedings held in abeyance pending outcome of the appeal – application for expedition granted
  Judge: BROMWICH J
• 27 Aug 2026: Woodman Beenleigh Pty Ltd v Bunnings Group Limited (no adverse costs order) [2026] FCA 1231
  COMPETITION – application for a no adverse costs order (NACO) under s 82(3) of the Competition and Consumer Act 2010 (Cth) – whether the Court is satisfied of the criteria in s 82(5) – interpretation of criteria under s 82(5) – application of criteria to the present proceeding – whether order should be made in exercise of discretion under s 82(4)…
  Judge: BROMWICH J
• 15 Jul 2026: Cwalina v State of Victoria [2026] FCA 1249
  PRACTICE AND PROCEDURE — applications by respondents for summary dismissal pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) — where proceedings reveal no cause of action such that the applicant has no prospect of successfully prosecuting the proceedings — proceedings summarily dismissed
  Judge: O'SULLIVAN J
• 20 Aug 2026: Davie (Liquidator), in the matter of Hannhill Pty Ltd (in Liquidation) [2026] FCA 1222
  BANKRUPTCY AND INSOLVENCY – liquidation of corporate trustee – application by the liquidator to be appointed nunc pro tunc as receiver and manager of trust assets – where company is trustee of a trading trust – where company is bare trustee since appointment of liquidator – consideration of adequate powers to conduct administration of company and…
  Judge: COLVIN J
• 25 Aug 2026: Hurst, in the matter of Lloyds Curry Shop Pty Ltd (in liq) v Prasad (No 5) [2026] FCA 1221
  PRACTICE AND PROCEDURE – applications to set aside subpoena under r 24.15 of the Federal Court Rules 2011 (Cth) – where material obtained and in the physical custody of independent lawyers under search orders made in separate proceedings – where applications involve intersection between the Court’s practice and procedure in relation to subpoenas…
  Judge: CHEESEMAN J
• 21 Aug 2026: S&Q Group Pty Limited v Wei [2026] FCA 1218
  PRACTICE AND PROCEDURE – application to adjourn hearing – where the applicants came to learn shortly before the hearing of evidence that may be capable of proving that documents relied upon by the first respondent to establish a security interest were created on a date other than the date they bear– where the applicants wish to adduce expert…
  Judge: GOODMAN J

• 21 Feb 2026: Breach of fiduciary duty - the good, the bad and the ugly
  Paper delivered to the SA Bar Association Conference
  
• 4 Sep 2025: Some reflections on the use of artificial intelligence and blockchain technology in insurance litigation
  Speech presented at the Australian Professional Indemnity Group National Conference
  
• 28 Mar 2025: Superannuation trustees’ duty to make money for their beneficiaries
  Paper delivered to the Law Council of Australia Superannuation Lawyers' Conference
  
• 30 Jul 2024: Observations on construing a commercial contract as a whole
  Paper presented to the Western Australian Bar Association and Francis Burt Chambers Civil Litigation Skills Course.
  
• 21 Jun 2024: Is cryptocurrency property?
  Paper delivered to the Commercial Law Association of Australia
  

• Australian Competition and Consumer Commission (ACCC)
• Australian Securities and Investments Commission (ASIC)
• Australian Financial Security Authority (AFSA)