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
Chief Justice Allsop established the Insurance List within this sub-area in 2016. Until 2022, the Chief Justice conducted all initial case management hearings and heard and disposed of the majority of the matters in the Insurance List. In April 2022, the Court held an Insurance List Information and Feedback Meeting, at which it was announced that the List would now be run by a Senior Insurance List Judge, with substantive matters to be heard by the Senior Insurance List Judge or otherwise allocated to a judge from a specialised group of Insurance List Sub-Area Judges.
The aims and operation of the Insurance List can be found in Schedule 2 to the Commercial and Corporations Practice Note (C&C-1).
The Court aims to hold yearly information sessions, as well as regular User Group meetings, in order to provide the profession with an opportunity to comment on the operation of the Insurance List. The current members of the User Group are:
Senior Insurance List Judge
Jagot J
ChambersJagot@fedcourt.gov.au
Tel: 02 8099 8548 / 02 8099 8398 (Associate/Executive Assistant)
Insurance Sub-area Judges
Allsop CJ
Besanko J
Jagot J
Moshinsky J
O'Callaghan J
Lee J
Derrington J
Colvin J
Stewart J
Anderson J
Goodman J
Feutrill J
Insurance List Registrars
Judicial Registrar Farrell
Judicial Registrar Priestley
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:
Forms: |
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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
- 26 Mar 2024:
Bolin Technology Co Ltd v BirdDog Technology Ltd [2024] FCA 286
PRACTICE AND PROCEDURE - where respondent in Federal Court proceeding has filed proceedings in the United States (US Proceeding) - where respondent seeks a permanent or temporary stay of Federal Court proceeding on the basis that this Court is a clearly inappropriate forum - where connecting factors and legitimate personal or juridical advantages…
Judge: Anderson J - 22 Mar 2024:
Wyer v International Capital Markets Pty Ltd [2024] FCA 284
PRACTICE AND PROCEDURE - service out of the jurisdiction - substituted service - where the applicant claims it is not possible to serve the second respondent in the United Arab Emirates in accordance with a convention, the Hague Convention or the law of the United Arab Emirates - orders for substituted service and related orders made
Judge: O'Bryan J - 22 Mar 2024:
Bain v International Capital Markets Pty Ltd [2024] FCA 283
PRACTICE AND PROCEDURE - service out of the jurisdiction - substituted service - where the applicant claims it is not possible to serve the second respondent in the United Arab Emirates in accordance with a convention, the Hague Convention or the law of the
Judge: O'Bryan J - 22 Mar 2024:
Touch for Health Pty Ltd as Trustee for Knight Superannuation Fund v Property Mentors Australia Pty Ltd [2024] FCA 275
FREEZING ORDER - whether the applicants have "a good arguable case" - danger that a judgment would be wholly or partly unsatisfied - interests of justice - balance of convenience
Judge: Neskovcin J - 22 Mar 2024:
Australian Securities and Investments Commission v Auto & General Insurance Company Limited [2024] FCA 272
INSURANCE - unfair contract terms regime - where term of product disclosure statement required insured to "tell us if anything changes while you're insured with us" - whether term unfair - interaction of unfair contract terms regime with Insurance Contracts Act - whether concept of "transparent" includes clarity of meaning - how lack of…
Judge: Jackman J - 19 Mar 2024:
Tratter v Aware Super [2024] FCAFC 36
SUPERANNUATION -- appeal under s 1057(1) of the Corporations Act 2001 (Cth) from determination of the Australian Financial Complaints Authority (AFCA) affirming a decision of the trustee of a superannuation fund in relation to the apportionment of a death benefit -- where the trustee of the fund apportioned the death benefit 70% to the deceased…
Judge: O'Callaghan, Anderson and McElwaine JJ - 18 Mar 2024:
LK Law Pty Ltd v Karas (Notice to Produce) [2024] FCA 306
PRACTICE AND PROCEDURE -- application for the order that the fourth respondent be excused from complying with a Notice to Produce -- whether the Notice to Produce is oppressive -- whether the documents sought are relevant -- whether the fourth respondent complied with orders made on 1 November 2023 -- application refused
Judge: O'Sullivan J - 14 Mar 2024:
LK Law Pty Ltd v Karas (Cross-examination) [2024] FCA 265
PRACTICE AND PROCEDURE -- Whether counsel for the fourth respondent should be permitted to cross-examine the second applicant -- common law principles --consideration of ss 26, 27, 28, 190(4) and 192 of the Evidence Act 1995 (Cth) -- no unfettered right to cross-examine a witness - whether cross-examination would be oppressive, unwarranted or…
Judge: O'Sullivan J - 14 Mar 2024:
Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia (No 3) [2024] FCA 233
CONTRACTS - Application for damages for breach or repudiation of contract - where applicants contractors providing services to respondent under Services Agreement - where clause 9.1(a) of Services Agreement granted respondent power to terminate if either applicant disobeyed a lawful direction - where respondent issued direction to all employees…
Judge: Kennett J - 13 Mar 2024:
Four Air Leitchville Pty Ltd v Hurlad Pty Ltd (No 3) [2024] FCA 238
COSTS - costs following amendment application - where both sides had measure of success - where numerous objections to pleading raised - where Applicant on notice of certain deficiencies for some time
Judge: Button J
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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.