Commercial Contracts, Banking, Finance and Insurance Sub-area
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.
Central Practice Note (CPN-1)
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: |
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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:
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Rules: |
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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).
Legislation
- Australian Securities and Investments Commission Act 2001 (Cth)
- Banking Act 1959 (Cth)
- Bills of Exchange Act 1909 (Cth)
- Cheques Act 1986 (Cth)
- Commonwealth Banks Act 1959 (Cth)
- Competition and Consumer Act 2010 (Cth)
- Corporations Act 2001 (Cth)
- Fair Trading Act (of each state)
- Insurance Act 1973 (Cth)
- Insurance Contracts Act 1984 (Cth)
- Life Insurance Act 1995 (Cth)
- Private Health Insurance Act 2007 (Cth)
Latest Judgments
- 10 Oct 2018:
Morris v McConaghy Australia Pty Ltd (No 4) [2018] FCA 1516
PRACTICE AND PROCEDURE - application for order of deemed service under Federal Court Rules 2011 (Cth) r 10.48 - whether not practicable to serve documents - where request for service previously made under the Hague Convention
Judge: Perram J - 5 Oct 2018:
Hill v Forteng Pty Ltd [2018] FCA 1501
CORPORATIONS - proceeding by plaintiff director alleging oppression under s 233 of the Corporations Act 2001 (Cth) by reason of an alleged failure to repay salary "arrears" - finding that there was no oppression - application for declaration dismissed CONTRACTS - whether terms of employment contract between plaintiff director and the corporate…
Judge: O'Callaghan J - 4 Oct 2018:
Sitzler Pty Ltd v GPT RE Limited as Responsible Entity of the General Property Trust [2018] FCA 1496
PRACTICE AND PROCEDURE - application under r 16.21 of the Federal Court Rules 2011 to strike out the statement of claim on a cross-claim - pleading not struck out - order that cross-claimants provide particulars of certain allegations.
Judge: White J - 2 Oct 2018:
A1 for Maintenance Pty Ltd v Lehal Pty Ltd [2018] FCA 1476
PRACTICE AND PROCEDURE - application for security for costs under s 1335 of the Corporations Act 2001 (Cth) - whether there is reason to believe the applicant will be unable to pay respondents' costs if it is unsuccessful in its claim - whether the Court should exercise its discretion to make an order for security for costs - whether adequate…
Judge: Colvin J - 21 Sep 2018:
Australian Pipe & Tube Pty Ltd v QBE Insurance (Australia) Limited (No 2) [2018] FCA 1450
INSURANCE - business interruption insurance - damage to steel mill - claim for loss of gross profits over indemnity period - reduction in turnover - adjustments for business operating for less than 12 months - adjusted rate of gross profit - adjusted standard turnover - scope and application of insurance policy - counterfactual production profile…
Judge: Beach J - 18 Sep 2018:
Lenthall v Westpac Life Insurance Services Limited [2018] FCA 1422
REPRESENTATIVE PROCEEDINGS – representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) – open class – application for common fund order – applicable principles – whether appropriate to make common fund order – desirability for amount to be paid to a funder increases as the risk undertaken by the funder increases and …
Judge: Lee J - 6 Sep 2018:
Braude v Tauman [2018] FCA 1385
PRACTICE AND PROCEDURE - summary judgment application under r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - whether to exercise power under s 31A of the Federal Court of Australia Act 1976 (Cth) to dismiss part of the proceeding - whether applicants have no reasonable prospect of successfully prosecuting part of the proceeding - where…
Judge: Thawley J - 3 Sep 2018:
Di Maggio v Westpac Banking Corporation Ltd trading as St George Bank Ltd [2018] FCA 1354
PRACTICE AND PROCEDURE - application for pre-suit discovery under r 7.23 of Federal Court Rules 2011 (Cth) - where document is a confidential contract to which the applicant is not a party - where the applicant reasonably believes he has a right to relief under the Competition and Consumer Act 2010 (Cth) Sch 2 s 18 COSTS - where applicant was…
Judge: Thawley J - 29 Aug 2018:
Wileypark Pty Ltd v AMP Limited [2018] FCAFC 143
REPRESENTATIVE PROCEEDINGS - competing representative proceedings - applications to transfer four representative proceedings to Supreme Court of New South Wales under s 1337H of the Corporations Act 2001 (Cth) - competing proceeding filed in Supreme Court - anti-suit injunctions sought in Supreme Court in respect of Federal Court proceedings -…
Judge: Allsop CJ, Middleton and Beach JJ - 24 Aug 2018:
Squadron Resources Pty Ltd v Highlake Resources Pty Ltd, in the matter of Highlake Resources Pty Ltd [2018] FCA 1292
CORPORATIONS - consideration of an application seeking an order pursuant to s 588FM of the Corporations Act 2001 (Cth) for an extension of time for registration for the purposes of s 588FL(2)(b)(iv) - whether it is just and equitable to make an order granting an extension of time for registration for the purposes of s 588FL(2)(b)(iv) - where the…
Judge: McKerracher J
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