Commercial Contracts, Banking, Finance and Insurance Sub-area NPA logo with link NPA logo with link

Commercial Contracts, Banking, Finance and Insurance Sub-area

About this Sub-Area

This Sub-area includes matters relating to:

  • commercial contracts
  • insurance
  • banking
  • finance
  • commercial transactional disputes.

Insurance List

In early 2016, the Court established an Insurance List within this Sub-area.

The aim of the insurance list is to provide the insurance commercial community (underwriters, reinsurers, brokers and insureds) with a way to promptly and efficiently resolve legal disputes without the need for lengthy hearings.

The list is not intended to deal with all insurance claims, but principally short matters relating to:

  • policy interpretation
  • the operation of insurance legislation.

The list will cover marine as well as non-marine insurance.

The Insurance List arrangements outline how this list operates within the Court.

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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this sub-area:

NPA Practice Note:

Other general practice notes and Court developed guides which may be relevant to this Sub-area include:

General Practice Notes:

Guides:

Forms, Rules & Fees

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.

A person may commence a proceeding in this sub-area by filing:

Forms:

Rules:

If commencing an Insurance List matter, practitioners should take note of the arrangements for the Insurance List.

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).

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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.