More
About this NPA
The Commercial and Corporations National Practice Area (NPA) covers:
- commercial contract disputes
- disputes concerning the conduct of corporations and their officers
- financial and transactional disputes
- insurance disputes
- all insolvency matters, both corporate and personal
- commercial class actions
- consumer claims (including Regulator claims)
- competition matters (including Economic Regulator-related matters)
- commercial arbitration disputes.
NPA Sub-areas
This NPA consists of six Sub-areas and each has a dedicated group of judges with expertise in that Sub-area:
- Commercial Contracts, Banking, Finance and Insurance Sub-area includes commercial contracts and matters relating to insurance, banking, finance and commercial transactional disputes
- Corporations and Corporate Insolvency Sub-area includes Corporations List matters, such as:
- the appointment or conduct of liquidators
- corporate insolvency matters, such as voidable transactions, extending of convening periods and cross-border insolvency
- 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.
- General and Personal Insolvency Sub-area includes bankruptcy matters referred to a Judge by a Judicial Registrar and personal insolvency matters, including:
- applications by trustees in the management of bankrupt estates
- applications by bankrupts contesting decisions of a trustee
- applications for annulment of bankruptcy.
- Regulator and Consumer Protection Sub-area includes:
- consumer-related matters such as misleading and deceptive conduct, unconscionable conduct, unfair commercial practices, product liability matters and false advertising
- Australian Consumer Law actions by the Australian Competition and Consumer Commission.
- Economic Regulator, Competition and Access Sub-area includes:
- matters concerning anti-competitive conduct, including cartel matters (civil), mergers, misuse of market power and exclusive dealing
- competition actions by the Australian Competition and Consumer Commission
- infrastructure access and regulatory pricing.
- Commercial Arbitration Sub-area which covers matters concerning international contractual disputes under the International Arbitration Act 1974 (Cth) including:
- scope of jurisdiction of an arbitral tribunal
- stay applications and setting aside arbitral awards
- enforcement of a foreign award or arbitral award
- appointment or termination of appointment of an arbitrator
- enforcement issues pursuant to the UNCITRAL Model Law.
This is a general guide to the types of matters in each Sub-area and is not intended to be exhaustive.
Case Management
The Court is of the view that case management should reflect a practical business-like method of resolving a problem that eliminates unnecessary process-driven costs. It expects, particularly in commercial matters, that parties and their lawyers approach the litigation in a thoughtful, practical and common-sense way.
To facilitate this, the Court is encouraging:
- new mechanisms, such as the “concise statement method”, to expedite the commencement of commercial disputes
- tailored case management, to ensure the matter is managed in the manner best suited to its character and needs
- targeted document production and evidence procedures, such as “the Redfern Discovery Procedure” and the “Memorial Procedure”
Expediting a commercial dispute – Concise Statement Method
Under the NCF reforms and new practice documents, you may now seek to expedite your hearing process by any of the expedited processes available, including by way of the new “concise statement method”.
The Court anticipates that the majority of Commercial and Corporations matters will be assisted by being commenced with a concise statement. For details about the concise statement method see the National Court Framework webpage and the Central Practice Note (CPN-1) and Commercial and Corporations Practice Note (C&C-1).
Fast Track
The former Fast Track mechanisms permitted parties to seek a quicker or more truncated hearing process than usually available and to use less formal pleadings. The Fast Track procedure was effectively a commercial list procedure and such a procedure, or other effective and commercially sensible methods of commencing or expediting proceedings or introducing informal pleadings processes, remains open to the parties in this NPA. The procedure for the Fast Track mechanisms are set out in the former Practice Note: CM8 - Fast Track.
If a Fast Track or other expedited proceeding process is appropriate, the Court will attempt to provide a judge who has the necessary time available to devote to an expedited process and hearing.
Case management imperatives - first case management hearing
The first case management hearing is integral to the case management of a commercial matter, with the aim of identifying the issues in the matter at the earliest possible stage.
The Court expects that prior to the first case management hearing parties will consider and discuss with the other parties the “case management imperatives”, which are set out in the Court’s Central Practice Note, with some additional specific imperatives set out in the Commercial and Corporations Practice Note.
The case management imperatives that the Court expects parties to have considered include:
- identifying and narrowing the issues in dispute and making appropriate admissions in relation to the facts and matters which are not seriously in dispute
- considering any alternative dispute resolution, including mediation
- considering if any issues can be dealt with separately – such as preliminary issues of fact and law, or liability and quantum or penalty
- considering if expert evidence is required and if so, how best to put forward evidence – ie. by affidavit, statement, oral evidence or a combination
- discussing how to eliminate or reduce the burden of discovery
- agreeing on the time for trial and how it may be divided.
Urgent Matters
The Court’s national duty system has dedicated Commercial and Corporations NPA Duty Judges who provide timely and proactive responses to urgent Commercial and Corporation duty matters.
Practitioners can liaise directly with the chambers of the Commercial and Corporations Duty Judge to ensure that genuinely urgent matters are heard as soon as practicable. An urgent matter can be heard at any time, including, for cases that must be heard immediately, outside of business hours.
See the list of the current Commercial and Corporations Duty Judges in each registry (updated daily) and more information on How to Apply.
Practice Notes
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings:
NPA Practice Note: |
Other general practice notes and Court developed guides which may be relevant to this NPA include:
General Practice Notes: | |
Guides: |
Forms, Rules & Fees
Filing fees for commencing a proceeding in this NPA may apply. Information about Court fees, including the fees payable and circumstances where an exemption or deferral can be given is available on the Forms, Fees & Costs section of the Court’s website or from the Registry.
Commencing a proceeding in this NPA
Specific forms and rules for commencing proceedings in this NPA are available for each of the Sub-areas listed above.
In addition to the Federal Court Rules 2011 (Cth) (Rules), in the Corporations and Corporate Insolvency Sub-area and the General and Personal Insolvency Sub-area, the following rules apply respectively:
- Federal Court (Corporations) Rules 2000 (Cth) (Corporations Rules)
- Federal Court (Bankruptcy) Rules 2016 (Cth) (Bankruptcy Rules)
Subject to any specific legislative requirements relating to proceedings in any of the NPA Sub-areas, a Commercial and Corporations proceeding will generally be commenced by filing:
Forms: |
|
| Rules: |
|
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 Federal Court Rules and the Civil Dispute Resolution Act 2011 (Cth) (including sections 6, 7 and 16).
Latest Judgments
- 29 Nov 2023:
Ball, in the matter of J.W. Mailing Services Pty Ltd (in liq) (Subject to Deed of Company Arrangement) [2023] FCA 1479
CORPORATIONS - where relief sought in Further Amended Originating Process overtaken by execution of Amended Deed of Company Arrangement (Amended DOCA) - where Amended DOCA executed following resolution passed at meeting of creditors - whether appropriate to make orders having regard to these circumstances - Held: Application dismissed
Judge: Cheeseman J - 29 Nov 2023:
Hamilton v Meta Platforms, Inc. (Costs) [2023] FCA 1496
COSTS - where proceeding permanently stayed - where the applicant sought an order under s 82(4) of the Competition and Consumer Act 2010 (Cth) (CCA) (NACO) - where the application for the NACO has not been determined - where the application for a permanent stay determined prior to the hearing of the NACO application - whether s 82 of the CCA…
Judge: Cheeseman J - 29 Nov 2023:
Australian Securities and Investments Commission v OnePath Custodians Pty Ltd [2023] FCA 1485
SUPERANNUATION - where the trustee of a superannuation fund has admitted to engaging in misleading or deceptive conduct in relation to financial services - where parties have agreed a statement of facts and the proposed form of declaratory relief, aggregate pecuniary penalty, the terms of an adverse publicity notice and payment of costs - whether…
Judge: Stewart J - 24 Nov 2023:
R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (Administrators Appointed) (in liq) (Reserved Question) [2023] FCA 1499
REPRESENTATIVE PROCEEDINGS - open class securities class action - application for approval of opt out notices - where solicitors' common fund order (solicitors' CFO) proposed - where extant controversy as to power to make solicitors' CFO - where certain respondents propose to contend that the Court is bereft of power to make solicitors' CFO -…
Judge: Lee J - 24 Nov 2023:
Scott v NIMLAW Pty Ltd (No 2) [2023] FCA 1472
PRACTICE AND PROCEDURE - application for a stay of orders dismissing an application to set aside a bankruptcy notice pending the determination of an application for leave to appeal against the orders - preliminary assessment that the prospects of success on the application for leave to appeal are poor - applicant will not suffer material prejudice …
Judge: O'Bryan J - 24 Nov 2023:
LK Law Pty Ltd v Karas (No 3) [2023] FCA 1464
PRACTICE AND PROCEDURE - application by the respondents for leave to withdraw a plea - r 26.11(2) of the Federal Court Rules 2011 (Cth) - whether the plea benefits the applicants - whether the plea was made in error - to what extent are the applicants prejudiced by the withdrawal of the plea - where leave granted to withdraw plea.
Judge: O'Sullivan J - 23 Nov 2023:
Mccabe, in the matter of Sargon Capital Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2023] FCA 1465
PRACTICE AND PROCEDURE - application for service of summonses for examination and orders for production outside of Australia - where there is an adequate connection between the people sought to be examined and this jurisdiction - where liquidators have made reasonable attempts to achieve personal service overseas
Judge: Stewart J - 23 Nov 2023:
Bluetag Australia Pty Ltd v BCC Trade Credit Pty Ltd trading as Bond and Credit Co [2023] FCA 1459
PRACTICE AND PROCEDURE - application for leave to issue and serve subpoenas to produce documents on two Singaporean corporations - power of the Court to authorise the issue of subpoenas for service on an overseas entity - whether discretion ought to be exercised - application refused
Judge: Stewart J - 23 Nov 2023:
Soloman v Official Receiver in Bankruptcy, in the matter of Soloman [2023] FCA 1462
BANKRUPTCY - statement of affairs - whether to be treated as having been filed at a date earlier than it was actually filed - Held: Application granted.
Judge: Cheeseman J - 23 Nov 2023:
Australian Communications and Media Authority v Jones (No 5) [2023] FCA 1455
PRACTICE AND PROCEDURE - costs - interlocutory application filed by the third respondent dismissed - not contested that costs order should be made - whether indemnity costs should be assessed on a lump sum basis - whether costs should be paid forthwith or at conclusion of matter
Judge: Thomas J
Latest Speeches & Papers
- 1 May 2023:
The role of courts in relation to commercial arbitration
Keynote address to ACICA Corporate Members - 9 Jun 2022:
Recent developments in Competition Law: Cartel cases
Speech given by Justice Wigney at the book launch of Michael Gvozdenovic and Stephen Puttick (eds.), ‘Current Issues in Competition Law’ (The Federation Press, 2021). - 30 May 2022:
A journey that's bittersweet
An opinion piece published in the West Australian newspaper by Justice Banks-Smith - 4 Mar 2021:
Courts, confidences and change in challenging circumstances
Delivered at the Quayside Chambers Oration, Perth Concert Hall, by Justice Banks-Smith. - 11 Jul 2019:
An Australian international commercial court - Not a bad idea or what a bad idea?
Presented at the Australian Bar Association’s Convergence 2019 Conference by Justice Colvin. - 28 Jun 2019:
Case management & insolvency: matching rhetoric & reality
Justice Lee details the development of active case management in both Australia and overseas and discusses how the increased emphasis placed on the use of referees and referee reports as a ‘case management tool’ identifies a need for insolvency - 10 May 2019:
Judicial cooperation in cross-border insolvency
Presented at the UNCCA Fifth Annual May Seminar, Canberra, by Justice Gleeson - 10 Apr 2019:
The repeal of s 51(3) of the Competition and Consumer Act 2010 (Cth)
Address by Justice O'Bryan at the LESANZ Breakfast Meeting. - 4 Oct 2018:
Litigation funding: access and ethics
Presented at the Academy of Law Lecture by Justice Sarah Derrington. - 30 May 2018:
Access to justice in modern legal practice - what does it mean?
Presented at the TC Beirne School of Law Awards Evening by Justice Sarah Derrington.
Seminars
- 16 Sep 2014: National Commercial Law Seminar: Commercial transactions in an insolvency context
- 07 May 2014: Things every commercial lawyer should know about judicial review - a panel discussion
- 18 Mar 2014: Personal Property Securities Act: beyond the transitional period
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.
