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
- 21 Dec 2018:
Australasian Correctional Services Pty Limited v AIG Australia Limited [2018] FCA 2043
INSURANCE - Where former detainee of immigration detention centre sued the Commonwealth in tort - where the Commonwealth cross-claimed against applicants for contribution or indemnity - where respondent issued general and products liability policy to applicants - where respondent accepted obligation to defend cross-claim in the name of and on…
Judge: Allsop CJ - 21 Dec 2018:
Neville's Bus Service Pty Ltd v Pitcher Partners Consulting Pty Ltd [2018] FCA 2098
TORTS - applicant brought proceedings against three respondents, being two different Pitcher Partner entities and a former partner and director of each - allegations of deceit and negligence - where respondents engaged to provide services to the applicant to assist it prepare its tender bid for Transport for New South Wales (TfNSW) for provision…
Judge: O'Callaghan J - 20 Dec 2018:
Robinson v Deep Investments Pty Ltd [2018] FCAFC 232
PRACTICE AND PROCEDURE - appeal and cross-appeal from decision of primary judge striking out parts of statement of claim precluded by Anshun estoppel and abuse of process - where primary judge did not uphold application for summary dismissal - where proceedings seek to recover losses the subject of prior consent judgment in Supreme Court…
Judge: Perram, Jagot and Colvin JJ - 20 Dec 2018:
CellOS Software Ltd v Huber [2018] FCA 2069
CORPORATIONS - securities - share scheme - equity capital raising opportunity - director setting up secondary market in shares - grey market in shares - breach of director's duties - ss 181 to 183 of the Corporations Act 2001 (Cth) - breach of fiduciary duties - use of off-shore corporations - diversion of business opportunity - action by director …
Judge: Beach J - 18 Dec 2018:
Zurich Australian Insurance Limited, in the matter of Zurich Australian Insurance Limited (No 2) [2018] FCA 2067
INSURANCE - transfer of insurance business - application for confirmation of scheme - scheme confirmed without modification
Judge: Yates J - 17 Dec 2018:
Bupa HI Pty Ltd v Andrew Chang Services Pty Ltd [2018] FCA 2033
HEALTH LAW - construction of item 42739 of the Medicare Benefits Schedule - whether if an ophthalmic surgeon in the course of performing an intravitreal injection administers alprazolam where is it medically necessary to do so and no other anaesthetic service is administered to the patient, is the private hospital entitled to charge for the second …
Judge: Lee J - 10 Dec 2018:
Baker & McAuliffe Holdings Pty Ltd t/as JSB Lighting v Carey [2018] FCA 1972
CORPORATIONS - where the applicant seeks an interlocutory injunction against the first and second respondents to restrain them from making direct or indirect contact with certain clients of the applicant and assisting in three specified projects - where there is a serious question to be tried - where damages are an adequate remedy - where the…
Judge: Markovic J - 3 Dec 2018:
Swiss Re Life & Health Australia Ltd v Public Trustee of Queensland (No 3) [2018] FCA 1918
INSURANCE - application under s 215 of the Life Insurance Act 1973 (Cth) EQUITY - forfeiture rule
Judge: Allsop CJ - 30 Nov 2018:
Dennis v Commonwealth Bank of Australia [2018] FCA 1908
PRACTICE AND PROCEDURE - application for leave to appeal against Federal Circuit Court judgment - where Federal Circuit Court proceeding was summarily dismissed - where applicant alleges respondent breached responsible lending obligations by denying a temporary loan - where applicant alleges apprehended bias against primary judge - where applicant …
Judge: Rangiah J - 30 Nov 2018:
Kiraig Pty Ltd (Trustee) v Rent the Roo Pty Ltd [2018] FCA 1904
CONTRACTS - appeal from orders made by the Federal Circuit Court - where the primary judge found certain contractual clauses were void for uncertainty - where the respondent conceded that the appellant was never heard on this issue - where the respondent's notice of contention propounded that the primary judgment should be affirmed on other…
Judge: Markovic J
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