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)

• 10 Mar 2025: De Grey Mining Ltd, in the matter of De Grey Mining Ltd [2025] FCA 246
  CORPORATIONS – interlocutory application for orders to convene a meeting between a company and its members under s 411(1) of the Corporations Act 2001 (Cth) – script takeover scheme of arrangement
  Judge: FEUTRILL J
• 21 Mar 2025: Caddy, in the matter of Roberts Co (VIC) Pty Ltd (Administrators Appointed) [2025] FCA 243
  CORPORATIONS – application for orders pursuant to ss 447A(1) or 443B(8) of the Corporations Act 2001 (Cth) varying the operation of s 443A(1) and s 443B(2) such that the administrators are not personally liable for rent or other amounts under leases or agreements in relation to third-party property for a period of three weeks – application granted
  Judge: NESKOVCIN J
• 21 Mar 2025: Badenoch Integrated Logging Pty Ltd v Bryant [2025] FCAFC 31
  COSTS – where liquidators sought costs order in their favour and company sought orders that the costs of the appeals be costs in the winding up proceeding – order made for company to pay liquidators’ costs of the appeals
  Judge: O'CALLAGHAN, MCEVOY AND NESKOVCIN JJ
• 20 Mar 2025: Jonsson (Liquidator), in the matter of National Aboriginal and Torres Strait Islander Corporation Transport and Community Service (in liq) [2025] FCA 232
  CORPORATIONS – Application pursuant to s 588FF(3)(b) of the Corporations Act 2001 (Cth) to extend the period in which the plaintiffs may commence proceedings under s 588FF(1) of the Act – Voidable transactions – Insolvency – Liquidation PRACTICE AND PROCEDURE – Service of documents – Deemed service PRACTICE AND PROCEDURE – Orders – Variation of…
  Judge: MEAGHER J
• 20 Mar 2025: Big Review TV Ltd (in liq) v FC Securities Pty Ltd [2025] FCA 222
  PRACTICE AND PROCEDURE – application for security for costs – principles applicable to exercise of discretion to award security for costs – where significant and largely unexplained delay in bringing application for security – where trial imminent – where no specific evidence of prejudice – order for security for future costs made subject to…
  Judge: MOORE J
• 14 Mar 2025: Selfwealth Ltd, in the matter of Selfwealth Ltd [2025] FCA 214
  CORPORATIONS – scheme of arrangement – first court hearing – order sought under s 411(1) of the Corporations Act 2001 (Cth) – exercise of discretion to order convening of scheme meeting –
  Judge: O'BRYAN J
• 20 Mar 2025: Clancy v Australian Securities and Investments Commission [2025] FCA 220
  CORPORATIONS – application for reinstatement after deregistration – s 601AH of the Corporations Act 2011 (Cth) – principles to be applied – whether plaintiff is an “aggrieved person” – meaning of “just” in s 601AH(2)(b) – application allowed
  Judge: DERRINGTON J
• 19 Mar 2025: Shute (Liquidator), in the matter of Modliv Pty Ltd (in liq) [2025] FCA 224
  PRACTICE AND PROCEDURE – application for the issue of an arrest warrant – where summons issued by the Court under s 596A of the Corporations Act 2001 (Cth) requiring a director of a company to attend an examination about the company’s examinable affairs – where director failed to attend examination in compliance with summons – whether power to…
  Judge: STEWART J
• 19 Mar 2025: Special Gold Pty Ltd (in liq) v Dyldam Developments Pty Ltd (subject to a Deed of Company Arrangement) [2025] FCA 226
  CORPORATIONS – application for orders under ss 477(2B) and 1323(3) of the Corporations Act 2001 (Cth) and s 37AI of the Federal Court of Australia Act 1976 (Cth) – where there is nothing to suggest that entry into the agreements by the liquidator would be ill-advised or improper – where disclosure of the agreements to one or more of the defendants …
  Judge: STEWART J
• 18 Mar 2025: Hams (Administrator), in the matter of Onesteel Manufacturing Pty Ltd (Administrators Appointed) [2025] FCA 219
  CORPORATIONS – proposed extension of convening period for second meeting of creditors under s 439A of the Corporations Act 2001(Cth) – complex administration – convening period extended
  Judge: NESKOVCIN J

• Australian Securities and Investments Commission (ASIC)