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
- 8 Nov 2024:
Park, in the matter of Queensland Nickel Pty Ltd (in liq) (Statutory Interest) [2024] FCA 1300
BANKRUPTCY AND INSOLVENCY - construction of s 563B of the Corporations Act 2001 (Cth) - meaning of "admitted debt or claim" - whether conduct in pleading and leading evidence about liabilities of company in proceeding brought against third party constitutes admission of those debts within meaning of s 563B - whether agreement to fix amount of…
Judge: Downes J - 8 Nov 2024:
Anderson v Stonnington City Council [2024] FCA 1288
BANKRUPTCY AND INSOLVENCY - application to set aside bankruptcy notice - "counter-claim, set-off or cross demand" pursuant to s 40(1)(g) of the Bankruptcy Act 1966 (Cth) - where applicant debtors claim to have tortious claims available to them against respondent creditor in relation to the imposition of a heritage overlay on their home - whether…
Judge: Button J - 7 Nov 2024:
Matheson Property Group Pty Ltd (Trustee) v Virgin Australia Holdings Limited (No 5) [2024] FCA 1293
PRACTICE AND PROCEDURE - class action alleging issuance of unsecured notes pursuant to misleading and deceptive prospectus - yet another episode of collateral disputation - proposed joinder of Velocity Rewards Pty Limited - r 9.05 of the Federal Court Rules 2011 (Cth) - whether an "arguable" case exists as against VRPL - alleged contraventions of…
Judge: Lee J - 7 Nov 2024:
Storry v Clout [2024] FCA 1274
BANKRUPTCY AND INSOLVENCY - application by bankrupt for removal of trustee pursuant to s 90-15 of Schedule 2 of the Bankruptcy Act 1966 (Cth) - where applicant alleges that respondent breached trustees' duties by breaching s 116(2), acting in bad faith and in conflict of interest - principles governing removal of trustee in bankruptcy -…
Judge: Rangiah J - 6 Nov 2024:
Pizzino v Caratti (No 3) [2024] FCA 1278
PRACTICE AND PROCEDURE - application to strike out statement of claim and for summary dismissal - where facts required to establish causes of action not pleaded or insufficiently pleaded, such that not possible to ascertain causes of action with clarity - where earlier version of statement of claim struck out - where applicant was afforded an…
Judge: Colvin J - 6 Nov 2024:
Australian Securities and Investments Commission v Ryan [2024] FCA 1267
CORPORATIONS - duties of directors - allegation that defendant contravened statutory duties as a director under ss 180, 181(1)(a) and 182 of the Corporations Act 2001 (Cth) - where no allegation that defendant was motivated by or gained any personal benefit or advantage - where no allegation that creditors suffered any loss - where alleged that by …
Judge: O'Callaghan J - 5 Nov 2024:
Brown v Hightek Scaffolding Pty Ltd (deregistered), in the matter of Hightek Scaffolding Pty Ltd [2024] FCA 1281
CORPORATIONS - application to reinstate the registration of a company pursuant to s 601AH(2) of the Corporations Act 2001 (Cth) - where the plaintiff has had two director penalty notices issued against him by the Commissioner of Taxation for tax obligations of the company - where the plaintiff would no longer be liable if the company was…
Judge: Stewart J - 1 Nov 2024:
Punchbowl Casual Dining Pty Ltd v Rashays Cafes & Restaurants Pty Ltd (Trial Judgment) [2024] FCA 1265
CONTRACTS - alleged oral contracts between franchisee and franchisor - whether applicants' evidence concerning disputed conversations should be accepted - application dismissed EVIDENCE - where all witnesses who gave evidence of conversations did so in indirect speech, except on the rare occasions where the witness gave evidence of a verbatim…
Judge: Jackman J - 1 Nov 2024:
Resolution Life Australasia Limited v Teagle [2024] FCAFC 140
SUPERANNUATION - Appeal from decision of primary judge, where primary judge decided that AFCA had jurisdiction to determine a "superannuation complaint" under Division 3 of Part 7.10A of the Corporations Act 2001 (Cth) to which an insurer had been joined by making a determination against the insurer - whether "a decision" within s 1053(1)(a) of…
Judge: Perry, Dowling and Needham JJ - 1 Nov 2024:
Project Sea Dragon Pty Ltd (Subject to a Deed of Company Arrangement) v Canstruct Pty Ltd [2024] FCAFC 141
CORPORATIONS - standard of appellate review - where deed of company arrangement terminated - whether the Court's satisfaction that a ground for termination is established is governed by the correctness standard pursuant to Warren v Coombes or the standard applicable to discretionary decisions pursuant to House v R - correctness standard applied…
Judge: O'Callaghan, McElwaine and Jackman JJ
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).
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.