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)

• 21 Feb 2025: Brereton, in the matter of ICT Century Pty Ltd (In Liquidation) [2025] FCA 107
  CORPORATIONS - application by liquidators under s 588FF(3)(b) of the Corporations Act 2001 (Cth) for extension of time for making any application under s 588FF(1) - liquidators seeking a "shelf order" in respect of yet-to-be-identified claims - where necessary further investigations and examinations to be conducted by the liquidators of a creditor …
  Judge: Owens J
• 20 Feb 2025: Beattie, in the matter of National Projects QLD Pty Ltd (No 3) (Administrators Appointed) [2025] FCA 104
  CORPORATIONS - application for extension of time to convene second meeting of creditors - ss 439A and 447A of the Corporations Act 2001 (Cth) - administrators appointed - discretion exercised to extend time to convene second meeting of creditors
  Judge: Shariff J
• 19 Feb 2025: Xu v Salter Brothers Asset Management Pty Ltd [2025] FCA 89
  FINANCIAL PRODUCTS - misleading or deceptive conduct concerning the terms of complying investments of at least $5 million as required to be made by applicants pursuant to the Significant Investor Visa Program- ss 12 DA and 12DB of the ASIC Act and 1041H of the Corporations Act- trial of three separate claims- oral and written representations…
  Judge: McElwaine J
• 14 Feb 2025: Hudson, in the matter of ACB Group Pty Ltd (in liq) [2025] FCA 90
  CORPORATIONS - application by liquidator for direction under s 90-15 of the Insolvency Practice Schedule (Corporations), being Schedule 2 to the Corporations Act 2001 (Cth) (the Act), that liquidator is justified in utilisation of funds realised in the winding up of the company to meet reasonable costs of complying with notices issued to company…
  Judge: Button J
• 14 Feb 2025: Patel v Pleash [2025] FCA 77
  CORPORATIONS - validity of the appointment of administrator pursuant to s 436C of the Corporations Act 2001 (Cth) - where administrator did not take appropriate steps to be satisfied the power in s 436C was engaged prior to accepting the appointment - where the appointment was made for the purpose of debt recovery - whether appointment was…
  Judge: Cheeseman J
• 13 Feb 2025: Freeway Sports Centre Pty Ltd ATF Freeway Sports Centre Unit Trust v Freeway Fitness Pty Ltd ATF Freeway Fitness Unit Trust [2025] FCA 82
  PRACTICE AND PROCEDURE - application for temporary stay of proceeding, or alternatively transfer of proceeding to Federal Circuit and Family Court of Australia - where proceeding related to an existing FCFCOA (Div 1) proceeding regarding division of martial assets - where relief sought in proceeding would, if granted, affect asset pool in FCFCOA…
  Judge: Button J
• 12 Feb 2025: Goyal, in the matter of Procuret Holding Pty Ltd (Administrators Appointed) [2025] FCA 85
  CORPORATIONS - application for extension of convening period for second meeting of creditors - application allowed
  Judge: Shariff J
• 12 Feb 2025: Impiombato v BHP Group Limited [2025] FCAFC 9
  REPRESENTATIVE PROCEEDINGS - appeal from interlocutory decision regarding interpretation of group member definition - relevant principles concerning the interpretation of a pleading - no error in primary judge's conclusion demonstrated - appeal dismissed REPRESENTATIVE PROCEEDINGS - appeal from interlocutory order that amendments to the…
  Judge: Beach, Lee and O'Bryan JJ
• 11 Feb 2025: Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (No 9) [2025] FCA 79
  PRACTICE AND PROCEDURE -- Interlocutory application seeking leave to extend freezing orders until further order -- Where freezing orders prevent building work from being undertaken on property -- Where trustee in bankruptcy recently appointed -- Whether reasonable time limitation should be imposed on freezing orders due to possible pursuit of…
  Judge: Jackman J
• 10 Feb 2025: Benjamin Hornigold Ltd v John Bridgeman Limited (No 3) (Strikeout, Representation, and Costs) [2025] FCA 94
  PRACTICE AND PROCEDURE - application for strike out of part of a defence under r 16.21 of the Federal Court Rules - nature of pleadings under r 16.02 and Yap v Chong [2024] FCA 1326 - consideration of whether pleading is "embarrassing" in the sense used in Shelton v National Roads and Motorists Association Limited [2004] FCA 1393. PRACTICE AND…
  Judge: Needham J

• Australian Securities and Investments Commission (ASIC)