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)

• 7 May 2025: Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 3) [2025] FCA 457
  INTEREST — contractual and prejudgment interest on primary loss found in Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd (No 2) [2025] FCA 4 — where issue concerning the amount of principal to which contractual interest is to be applied and over what periods — where issue concerning relevant interest rate in the…
  Judge: O'SULLIVAN J
• 7 May 2025: Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited [2025] FCAFC 63
  CORPORATIONS - continuous disclosure – whether the respondent (the Bank) breached its continuous disclosure obligations under s 674 of the Corporations Act 2001 (Cth) and rule 3.1 of the ASX Listing Rules – where, over a period of about three years (from November 2012 to September 2015), the Bank failed to provide approximately 53,000 threshold…
  Judge: MURPHY, MOSHINSKY AND BUTTON JJ
• 31 Mar 2025: Marsden, in the matter of Brindabella Christian Education Limited (Administrators Appointed) [2025] FCA 456
  CORPORATIONS – urgent application by administrators – whether prior and proposed conduct is justified – whether liability of administrators should be varied – whether member of proposed committee of inspection able to derive a profit or advantage from external administration – whether time for convening of second meeting of creditors be extended – …
  Judge: DERRINGTON J
• 7 May 2025: Shield Holdings Australia Pty Ltd (in liq) v Binetter [2025] FCA 451
  PRACTICE AND PROCEDURE – application for joinder of individual to proceeding – service of originating application and other documents outside the jurisdiction pursuant to r 10.42 and r 10.44 of the Federal Court Rules 2011 (Cth) (Rules) – application for substituted service upon first respondent and prospective second respondent pursuant to r…
  Judge: HALLEY J
• 5 May 2025: Kirkalocka Gold SPV Pty Ltd (Receivers and Managers Appointed) v Zenith Pacific (KLK) Pty Ltd [2025] FCAFC 62
  BANKRUPTCY AND INSOLVENCY – where the appellant and respondent entered into a Power Purchase Agreement (PPA) for the respondent to construct a power plant at, and supply electricity to, the appellant’s mine site – where the respondent had not perfected its interest by registering a “security interest" in the “Zenith Power Plant” under the Personal …
  Judge: BANKS-SMITH, O'BRYAN AND NESKOVCIN JJ
• 24 Apr 2025: Elston Private Wealth Pty Ltd v Australian Securities and Investments Commission, in the matter of Fortis Private Pty Ltd (deregistered) [2025] FCA 441
  CORPORATIONS – application for reinstatement of deregistered company under s 601AH(2) of the Corporations Act 2001 (Cth) – company deregistered after voluntary liquidation – former liquidator unfunded to investigate and prosecute s 588FF claims – reinstatement for purpose of pursuing such claims and for company to pursue claims under s 37A of…
  Judge: FEUTRILL J
• 2 May 2025: J&J Richards Super Pty Ltd ATF The J&J Richards Superannuation Fund v Nielsen (No 2) [2025] FCA 431
  REPRESENTATIVE PROCEEDINGS – application for approval of settlement of outstanding issues in relation to indemnity costs and interest pursuant to s 33V(1) of the Federal Court of Australia Act 1976 (Cth) (Act) – where applicant has otherwise succeeded against seventh respondent – where proceeding brought by closed class – where each group member…
  Judge: HALLEY J
• 17 Apr 2025: Banerjee (Liquidator), in the matter of Eastside Formwork Pty Ltd (in liq) v Stojic (No 2) [2025] FCA 427
  CORPORATIONS – interlocutory process to appoint receiver and manager or alternatively a freezing order under s 1323(1) of the Corporations Act 2001 (Cth) to the property owned by the first defendant – delay of application not fatal – held in the circumstances not “necessary or desirable” to appoint a receiver or make a freezing order – satisfied…
  Judge: NEEDHAM J
• 17 Apr 2025: Bredenkamp (Liquidator), in the matter of Coolgardie Minerals Limited (in liq) [2025] FCA 404
  CORPORATIONS - Corporations Act 2001 (Cth) s 477(2B) - application for retrospective approval for entry into funding agreement lasting more than three months - application for approval for entry into proposed legal costs agreement lasting more than three months - application for suppression orders to prevent prejudice to the proper administration…
  Judge: JACKSON J
• 28 Apr 2025: Selfwealth Ltd, in the matter of Selfwealth Ltd (No 2) [2025] FCA 416
  CORPORATIONS – scheme of arrangement – second court hearing – order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme
  Judge: O'BRYAN J

• Australian Securities and Investments Commission (ASIC)