Commercial Contracts, Banking, Finance and Insurance Sub-area
About this Sub-Area
This Sub-area includes matters relating to:
- commercial contracts
- commercial transactional disputes.
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.
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:
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:
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).
- 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)
- 19 Feb 2018:
Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd  FCA 142
PRACTICE AND PROCEDURE - interlocutory injunction - where applicant alleges a supply agreement arising from long-standing conduct - where suppliers have notified intention to terminate supply - what constitutes a reasonable period of notice - application granted in part
Judge: Beach J
- 16 Feb 2018:
Mastec Australia Pty Ltd v Trident Plastics (SA) Pty Ltd (No 3)  FCA 99
PRACTICE AND PROCEDURE - Applicants seek injunctions at the conclusion of Stage One of the trial in relation to misuse of confidential information - principles relating to springboard injunctions - whether appropriate to grant injunctions. COSTS - Applicants seek costs from the Respondents at the conclusion of Stage One of the trial - application…
Judge: White J
- 16 Feb 2018:
Shah v Hagemrad  FCA 91
CONSUMER LAW – whether first and second respondents engaged in misleading or deceptive conduct in connection with the sale by them of a franchise business to the first applicant – whether first applicant was induced to purchase business by misrepresentations with respect to sales made DAMAGES – whether first and second respondents’ conduct caused…
Judge: Nicholas J
- 15 Feb 2018:
Global Constructions Australia Pty Ltd (in liq) v AIG Australia Limited (No 2)  FCA 100
Judge: Allsop CJ
- 9 Feb 2018:
Just Better Care Australia Pty Ltd v Just Better Care Canberra Pty Ltd (Trustee)  FCA 114
PRACTICE AND PROCEDURE — Injunctions — Interlocutory injunction — Balance of convenience
Judge: Burley J
- 8 Feb 2018:
Global Constructions Australia Pty Ltd (in liq) v AIG Australia Limited  FCA 98
INSURANCE - construction of policy - claim for direct financial loss - theft or fraudulent acts by a shareholder -- limit of liability - set-off of shareholder's loan account against direct financial loss - set-off to be applied prior to applying limit of liability
Judge: Allsop CJ
- 5 Feb 2018:
Stuart v Rabobank Australia Limited  FCA 30
PRACTICE AND PROCEDURE - application for leave to file further amended statement of claim - where pleadings unintelligible - where respondent repeatedly subjected to defective pleadings and seeks summary dismissal on that basis - application for leave refused - final opportunity to plead granted
Judge: Jagot J
- 2 Feb 2018:
Certain Underwriters at Lloyd’s Subscribing to Contract Number NCP106108663 v Aquagenics Pty Limited (in liquidation)  FCAFC 9
INSURANCE – professional indemnity insurance policy– claim arising from a dispute over design and construct contract – operation of the insuring clause – existence of a claim on the policy – whether claim arose out of a “wrongful act” as defined by the policy – whether “wrongful act” committed in the course of professional activities – whether…
Judge: Allsop CJ, Dowsett and Kerr JJ
- 15 Jan 2018:
Progressive Direct Insurance Company, application under the Insurance Act 1973 (Cth) (No 2)  FCA 9
INSURANCE - application to approve scheme for transfer of insurance business - transfer from Australian branch of foreign company to Australian company - whether scheme in best interests of policyholders - application granted
Judge: Farrell J
- 22 Dec 2017:
Eggerth v EPI International Pty Ltd  FCA 1547
PRACTICE AND PROCEDURE - application to strike out pleading under r 16.21 - pleading of causation under s 52 of Trade Practices Act 1974 (Cth) (s 18 Australian Consumer Law) considered - requirement to plead that specific person was lead into error considered - whether pleading that conduct was "in trade or commerce" was a "bald assertion" or…
Judge: Derrington 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.