Commercial & Corporations

About this NPA

The Commercial and Corporations National Practice Area (NPA) covers commercial and corporations disputes within federal jurisdiction.

This NPA consists of six Sub-areas and each has a dedicated webpage for specific information about proceedings in those Sub-areas:

29 May 2020: Australian Competition and Consumer Commission v Pacific National Pty Limited (No 2) [2020] FCAFC 98
COMPETITION - final orders - release of undertaking - costs
Judge: Middleton, Perram and O'Bryan JJ
29 May 2020: BPESAM IV M Limited v DRA Global Limited [2020] FCA 738
CORPORATIONS - selective share buy-back scheme - procedures in Div 2 of Pt 2J.1 of the Corporations Act 2001 (Cth) - general duty to make full and fair disclosure to shareholders - duty under s 257D(2) to disclose all information material to the decision how to vote on the resolution - special resolution passed approving share buy-back scheme -…
Judge: McKerracher J
28 May 2020: Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716
CONSUMER LAW - unfair contract terms within the meaning of s 12BG(1) of the Australian Securities and Investments Commission Act 2001 (Cth) (Act) - where bank concedes impugned terms unfair - where parties seek declarations under ss 12BF, 12BG and 12GND, and variations of contract terms under s 12GNB of the Act - principles governing question of…
Judge: Gleeson J

12 Nov 2019: Statutes and Equity
Paper presented at the Kenneth Sutton Lecture, by Chief Justice Allsop.
30 Oct 2019: AILA National Conference 2019 - Opening Address
Presented at the AILA National Conference, Hobart, by Chief Justice Allsop.
19 Oct 2019: Assessing the future: The challenge of running competition cases
Presented by Justice Middleton at the 17th Annual Competition Law and Economics Workshop, 'Competition law: The penicillin of public policy?'

Central Practice Note (CPN-1)
Commercial and Corporations Practice Note (C&C-1)
- Schedule 1: General and Personal Insolvency
- Schedule 2: Corporations and Corporate Insolvency
- Schedule 3: International Commercial Arbitration
Class Actions Practice Note (GPN-CA)

Forms:	Form 15 - Originating application Either Form 17 - Statement of claim OR NCF1 Concise statement Form 59 - Affidavit
Rules:	Federal Court Rules 8.01(1) , 8.04(1), 8.05(1)(a) and 29.02(1)

Specific forms, rules and other information applicable to each of the Sub-areas are set out on the individual Sub-area webpages.