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)

• 11 Apr 2025: Copeland (liquidator) v Odeesh, in the matter of FBF Transport Pty Ltd (in liq) (No 3) [2025] FCA 352
  COSTS – where the Liquidator seeks costs on an indemnity basis and that costs be payable as a lump-sum to be determined by a Registrar as referee –interlocutory relief obviated need to press any final relief - consideration of the circumstances in which it is appropriate to make a costs order where there has been no final hearing or determination…
  Judge: WIGNEY J
• 11 Apr 2025: IREN Ltd v PricewaterhouseCoopers Inc in its capacity as foreign representative of IE CA 3 Holdings Ltd [2025] FCAFC 52
  BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for leave to appeal from recognition of foreign main proceeding pursuant to UNCITRAL Model Law on Cross-Border Insolvency – whether sufficient doubt as to primary judge’s conclusion that recognition was not contrary to public policy within meaning of Art 6 of Model Law – whether…
  Judge: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ
• 10 Apr 2025: Ford, in the matter of Fastline Logistics Pty Ltd (in liq) v Lay [2025] FCA 346
  BANKRUPTCY AND INSOLVENCY – application made alleging double illegal phoenix activity – where company entered into loan agreement with related entity and provided part of business as security – where company was experiencing cash flow issues at the time of entering into loan agreements – claims brought for breaches of directors’ duties, knowing…
  Judge: ANDERSON J
• 10 Apr 2025: Beattie (Administrator), in the matter of Sharvain Facades Pty Ltd (Administrator Appointed) (No 2) [2025] FCA 355
  CORPORATIONS – voluntary administration – application by administrator for a further extension of the time within which to convene the second meeting of creditors under s 447A of the Corporations Act 2001 (Cth) – application for ancillary orders under s 447A of the Act –where extension for a relatively short period – whether to grant extension is…
  Judge: CHEESEMAN J
• 9 Apr 2025: CEG Direct Securities Pty Ltd v Cooper as liquidator of Runtong Investment and Development Pty Ltd (in liq) [2025] FCAFC 47
  CORPORATIONS – unreasonable director-related transaction within the meaning of s 588FDA of the Corporations Act 2001 (Cth) – where the transaction in issue is the grant of mortgage by one company over real property the subject of a commercial property development to secure loan extended by second tier financier to two other companies – where issue …
  Judge: CHEESEMAN, GOODMAN AND MCEVOY JJ
• 25 Mar 2025: PlayUp Limited v Mintas (No 3) [2025] FCA 331
  PRACTICE AND PROCEDURE – application to dismiss proceeding for failure to provide security in accordance with orders – orders made by consent dismissing the proceeding – application to stay orders – stay sought pending future payments of security – stay application dismissed
  Judge: MARKOVIC J
• 4 Apr 2025: Miciulis v Cimic Group Limited [2025] FCA 307
  REPRESENTATIVE PROCEEDINGS – settlement approval – whether the proposed settlement is fair and reasonable in the interests of group members – deductions for legal costs and expenses, funding commission, scheme administration costs and applicant’s reimbursement amount – proposed settlement fair and reasonable – proposed settlement approved
  Judge: NESKOVCIN J
• 21 Mar 2025: Australian Securities and Investments Commission v 24-U Pty Ltd [2025] FCA 321
  CORPORATIONS – “pig butchering” – simultaneous winding up of 95 corporations – where defendant companies suspected to be involved in scam activity and financial misconduct – multiple contraventions of the Corporations Act 2001 (Cth) – where ASIC lacks confidence in the control and management of each of the companies – where defendants either have…
  Judge: STEWART J
• 4 Apr 2025: Cowan, in the matter of Coinful Capital Fund, SPC (in Official Liquidation) v Coinful Capital Fund, SPC (in Official Liquidation) [2025] FCA 315
  BANKRUPTCY AND INSOLVENCY – cross-border insolvency – where Cayman Islands insolvency proceedings – where application for recognition as a foreign proceeding and foreign main proceeding pursuant to the UNCITRAL Model Law on Cross-Border Insolvency, Schedule 1 to the Cross-Border Insolvency Act 2008 (Cth) –
  Judge: CHEESEMAN J
• 4 Apr 2025: Quickstep Holdings Limited, in the matter of Quickstep Holdings Limited [2025] FCA 317
  CORPORATIONS – scheme of arrangement – first court hearing – orders sought under s 411(1) of the Corporations Act 2001 (Cth) for convening and holding meeting – orders made
  Judge: O’CALLAGHAN J

• Australian Securities and Investments Commission (ASIC)