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)

• 13 Mar 2025: 1297 KRL McMillans Pty Ltd v Whizmo Creates Pty Ltd, in the matter of 1297 KRL McMillans Pty Ltd (in liq) [2025] FCA 209
  CORPORATIONS – where liquidators sought orders pursuant to s 588FF of the Corporations Act 2001 (Cth) – where company is presumed insolvent – failure to keep financial records pursuant to 286(2) of the Corporations Act – payment of sums of money from insolvent company to third parties – payments were voidable transactions, insolvent transactions…
  Judge: MCEVOY J
• 17 Mar 2025: Gattani v Digital Edge Technologies Pty Ltd (in administration) [2025] FCA 199
  PRACTICE AND PROCEDURE – application by the plaintiff for freezing and ancillary orders concerning the assets of the second defendant and third parties – plaintiff contends that the second defendant: (1) wrongly failed to transfer to the plaintiff the issued shares in the first defendant; (2) diverted funds belonging to the first defendant to the …
  Judge: GOODMAN J
• 14 Mar 2025: Juratowitch (liquidator), in the matter of Field Solutions Holdings Limited (Administrators Appointed) (Receivers and Managers Appointed) [2025] FCA 207
  CORPORATIONS – application for extension of convening period pursuant to ss 439A(6) and 447A(1) of the Corporations Act 2001 (Cth) – complex administration with active sale process underway – convening period extended
  Judge: MCEVOY J
• 14 Mar 2025: Impiombato v BHP Group Limited (No 2) [2025] FCAFC 28
  COSTS – where appellant sought costs order in its favour and respondents sought apportionment of costs on an issue by issue basis – court’s discretion to award costs – relevant principles – order made for respondents to pay 50% of the appellant’s costs
  Judge: BEACH, LEE AND O'BRYAN JJ
• 12 Mar 2025: Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 8) [2025] FCA 187
  PRACTICE AND PROCEDURE – discontinuation of proceedings – where respondents have not engaged in proceedings – application for leave pursuant to r 26.12 of the Federal Court Rules 2011 (Cth) – where applicant seeks orders that parties pay their own costs of the proceeding – application granted
  Judge: MCEVOY J
• 12 Mar 2025: Asia Property AU 1 Pty Ltd v Vertical 4 Pty Ltd, in the matter of Vertical 4 Pty Ltd [2025] FCA 188
  COURTS AND JUDICIAL SYSTEM – delegation of powers to Registrar – application to review “exercise of power” by Registrar – winding up application – preliminary question of service decided by Registrar – whether application for review competent – application dismissed as incompetent
  Judge: O’CALLAGHAN J
• 28 Feb 2025: Krejci (liquidator) v Panella, in the matter of Richmond Lifts Pty Ltd (in liq) [2025] FCA 151
  CORPORATIONS – urgent interlocutory application by the defendants and two named persons seeking to set aside ex parte orders by which provisional liquidators were appointed to three companies and interim receivers were appointed to another company pending determination of applications to wind up the companies on the just and equitable ground –…
  Judge: CHEESEMAN J
• 10 Mar 2025: WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd, in the matter of Goldstone Private Equity Pty Ltd [2025] FCA 174
  CORPORATIONS – ex parte application for interlocutory relief – concerning whether removal of a director was valid
  Judge: MOORE J
• 6 Mar 2025: CleanFin Pty Ltd v Forest Carbon Methodology Pty Ltd (No 2) [2025] FCA 163
  PRACTICE AND PROCEDURE – application to amend statement of claim and to join additional defendants – application for leave to commence proceedings against additional defendants under s 237 of Corporations Act 2001 (Cth) – application for further and better discovery – application for discovery of additional categories of documents – applications…
  Judge: MCDONALD J
• 6 Mar 2025: Dean v My Solicitors Pty Ltd (in liquidation) [2025] FCA 159
  CORPORATIONS – winding up – insolvent trading – proposed action by creditor under s 588M – notice of intention to sue – where written consent from liquidator not provided – need for leave under s 588T to commence action – application to defer deregistration of company
  Judge: MOORE J

• Australian Securities and Investments Commission (ASIC)