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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: |
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| Rules: |
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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
- 31 Jan 2025:
VE Property Pty Ltd v Sydney Water Corporation [2025] FCA 17
PRACTICE AND PROCEDURE - separate question - stay of proceeding - cross-vesting - respondent's application for bifurcation of the proceeding to determine liability and causation first and quantum later or to stay the proceeding - where there is a related proceeding in the Land and Environment Court of New South Wales (LEC proceeding) in which the…
Judge: Stewart J - 31 Jan 2025:
BUSS (Queensland) Pty Ltd atf The Building Unions Superannuation Scheme (Queensland) v Australian Prudential Regulation Authority [2025] FCA 31
ADMINISTRATIVE LAW - application for judicial review of decision of Australian Prudential Regulation Authority and review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether adequate alternative avenue of review available to applicant - consideration of adequacy of internal merits review processes - where circumstances…
Judge: Derrington J - 31 Jan 2025:
Republic of India v CCDM Holdings, LLC [2025] FCAFC 2
ARBITRATION - investor-State arbitration under a bilateral investment treaty - originating application seeking recognition and enforcement of foreign arbitral award under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) - interlocutory application to set aside the originating application on the basis of…
Judge: Sarah C Derrington, Stewart and Feutrill JJ - 28 Jan 2025:
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 8) [2025] FCA 20
PRACTICE AND PROCEDURE - consent orders giving effect to judgment - construction of orders - applications dismissed
Judge: Markovic J - 28 Jan 2025:
Mokhtar v Piscopo (No 2) [2025] FCA 21
COSTS - applicant sought orders that the respondent trustee personally pay the applicant's costs - respondent sought no order as to costs - where applicant was successful in application for removal of respondent as trustee of the applicant's bankrupt estate - consideration of general principles applicable to the discretion to grant costs under s…
Judge: Perry J - 28 Jan 2025:
Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2025] FCAFC 1
CONTEMPT OF COURT - enforcement of contempt where orders not complied with by contemnor were not endorsed - principles for assessment of damages for contempt - appeal dismissed
Judge: Markovic, Lee and Abraham JJ - 24 Jan 2025:
Australian Securities and Investments Commission v Firstmac Limited (Penalty Hearing) [2025] FCA 12
CORPORATIONS - established contraventions of s 994E(3) of the Corporations Act 2001 (Cth) concerning design and distribution obligations relating to financial products for retail clients - dispute as to quantum of penalty - whether defendant was objectively reckless and 'courted the risk' of engaging in unlawful conduct - where defendant has made…
Judge: Downes J - 22 Jan 2025:
Australian Securities and Investments Commission v Alshakshir [2025] FCA 19
PRACTICE AND PROCEDURE - interlocutory application for urgent interim relief - where plaintiff seeks travel orders preventing defendant from leaving Australia pursuant to s 1323 of Corporations Act 2001 (Cth) - where ex parte orders made and application adjourned to allow inter partes hearing - where plaintiff has commenced investigation into…
Judge: Snaden J - 17 Jan 2025:
Masters v Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq) (Application to vary timetable) [2025] FCA 9
PRACTICE AND PROCEDURE - application on the papers to vary timetable for reference to inquire into lump sum costs determinations by Judicial Registrar acting as a Referee - no question of principle - application successful in limited respect.
Judge: Cheeseman J - 17 Jan 2025:
Alexiou v Australia and New Zealand Banking Group Limited (Application to Amend Pleading) [2025] FCA 7
PRACTICE AND PROCEDURE - where Applicant seeks leave to file and serve proposed third further amended statement of claim - where new claims present triable issues - where proceeding includes lengthy procedural history - where reasons for delay despite lengthy history are not adequately explained by the Applicant - whether amendments should be…
Judge: Perram J
Latest Speeches & Papers
- 30 Jul 2024:
Observations on construing a commercial contract as a whole
Paper presented to the Western Australian Bar Association and Francis Burt Chambers Civil Litigation Skills Course.
- 21 Jun 2024:
Is cryptocurrency property?
Paper delivered to the Commercial Law Association of Australia
- 19 Feb 2024:
Limits on the duty of utmost good faith
Paper delivered to the Commercial Bar Association of Victoria, Insurance & Professional Negligence Section
- 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).
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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.
