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.

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

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

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)

• 22 May 2018: Deep Investments Pty Ltd v Casey (No 2) [2018] FCA 726
  Judge: Gleeson J
• 22 May 2018: Granite Transformations Pty Ltd v Apex Distributions Pty Ltd [2018] FCA 725
  PRACTICE AND PROCEDURE - application by first and third respondents to strike out further amended statement of claim - whether pleading sufficient to appraise first and third respondents of case against them - whether each element of each cause of action pleaded - section of further amended statement of claim struck out with leave to re-plead
  Judge: O'Callaghan J
• 18 May 2018: McFarlane as Trustee for the S McFarlane Superannuation Fund v IOOF Holdings Limited [2018] FCA 692
  PRACTICE AND PROCEDURE - application for preliminary discovery - prospective "fraud on the market" representative action - whether reasonable belief in right to relief - whether public information sufficient to enable decision as to commencement of proceedings - whether documents directly relevant to right to relief - preliminary discovery granted
  Judge: Gleeson J
• 11 May 2018: Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited [2018] FCA 659
  PRACTICE AND PROCEDURE - pleadings - application to strike out paragraph of statement of claim
  Judge: Yates J
• 4 May 2018: Deep Investments Pty Ltd v Casey [2018] FCA 603
  PRACTICE AND PROCEDURE - application for summary dismissal - where prior consent judgment in proceedings arising from same factual matrix - res judicata - issue estoppel - Anshun estoppel - abuse of process - application to strike out statement of claim - whether statement of claim fails to disclose reasonable cause of action - positive fiduciary…
  Judge: Gleeson J
• 20 Apr 2018: Sunderland Marine Insurance Company Limited, in the matter of Sunderland Marine Insurance Company Limited [2018] FCA 565
  INSURANCE - application for dispensation from compliance with s 17C(2)(c) of the Insurance Act 1973 (Cth) - where the address of every affected policyholder cannot be identified - where proposed notification regime likely to increase the notification of affected policy holders - dispensation orders granted
  Judge: Lee J
• 13 Apr 2018: W Hoy Pty Ltd v W.T.H. Pty Ltd (No 2) [2018] FCA 506
  COSTS - whether costs should be paid forthwith - where urgent application of prospective applicant for interlocutory injunctions dismissed - where urgent application was a standalone application - where substantive application yet to be filed - where prospective applicant gave an undertaking as to damages - prospective applicant to pay costs…
  Judge: Barker J
• 12 Apr 2018: Parker trading as On Grid Off Grid Solar v Switchee Pty Ltd trading as Australian Solar Quotes [2018] FCA 479
  CONSUMER LAW -misleading or deceptive conduct - false or misleading representation of sponsorship, approval or affiliation - respondent refusing to remove material from website unless applicant purchases further services from it - unconscionable conduct - contraventions established - declaratory relief granted - injunctive relief granted -…
  Judge: Gleeson J
• 9 Apr 2018: Morris v McConaghy Australia Pty Ltd (No 3) [2018] FCA 606
  PRIVATE INTERNATIONAL LAW - application for anti-suit injunction in respect of proceedings in High Court of the Hong Kong Special Administrative Region - whether foreign proceeding commenced to harass Applicant
  Judge: Perram J
• 9 Apr 2018: Just Better Care Australia Pty Ltd v Just Better Care Canberra Pty Ltd (Trustee) (No 2) [2018] FCA 452
  PRACTICE AND PROCEDURE - joinder - order joining party
  Judge: Thawley J

• Australian Competition and Consumer Commission (ACCC)
• Australian Securities and Investments Commission (ASIC)
• Australian Financial Security Authority (AFSA)