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)

• 3 Aug 2018: Messer v Lotus Securities Limited [2018] FCA 1147
  CORPORATIONS - unconscionable conduct under ss 12CA and/or 12CB of the Australian Securities and Investments Commission Act 2001 (Cth) - scope of statutory unconscionability under s 12CB - whether inference could be drawn that respondent acted unconscionably - whether applicant suffered cognitive impairment - whether applicant's cognitive…
  Judge: Davies J
• 3 Aug 2018: Onley v Catlin Syndicate Ltd as the Underwriting Member of Lloyd's Syndicate 2003 [2018] FCAFC 119
  INSURANCE - Defence Costs extension - payable until wrongful act determined by judgment, adjudication or admission - whether implication that insurer prevented from relying on rights consequent upon insured's fraudulent non-disclosure pending judgment, adjudication or admission of wrongful act CONTRACT - Insurance policy - agreement to pay defence …
  Judge: Allsop CJ, Lee and Derrington JJ
• 2 Aug 2018: Deep Investments Pty Ltd v Casey (No 4) [2018] FCA 1123
  PRACTICE AND PROCEDURE - costs - each party to bear own costs of respondents' partially successful strike out/summary judgment application where respondents substantially succeeded in strike out application but failed to obtain summary judgment - respondents to pay applicant's costs of application to set aside defective notices to produce
  Judge: Gleeson J
• 9 Jul 2018: Okewood Pty Ltd v Commissioner of the Australian Federal Police [2018] FCA 1035
  PRACTICE AND PROCEDURE - case management - where warrants executed and documents and devices seized - where parties agreed data reduction process to reduce number of documents but breakdown in facilitation - where access to documents deferred to protect claims of legal professional privilege - directions made to break stalemate and facilitate…
  Judge: Banks-smith J
• 25 Jun 2018: Irons v Nev House Pty Limited [2018] FCA 1010
  Judge: Rares J
• 21 Jun 2018: McFarlane as Trustee for the S McFarlane Superannuation Fund v IOOF Holdings Limited (No 2) [2018] FCA 932
  COSTS – application for costs of application for preliminary discovery – where wide discretion in making costs orders pursuant to s 43(2) of Federal Court of Australia Act 1976 (Cth) to be exercised judicially – where each party enjoyed measure of success – each party to bear own costs of application – prospective applicant to pay prospective…
  Judge: Gleeson J
• 14 Jun 2018: eify Pty Ltd v 3D Safety Services Pty Ltd [2018] FCA 1017
  Judge: Rares J
• 13 Jun 2018: R & B Directional Drilling Pty Ltd (in liq) v CGU Insurance Limited [2018] FCA 904
  Judge: Allsop CJ
• 13 Jun 2018: QBE Insurance (Australia) Limited v Martin Insurance Agencies Pty Ltd [2018] FCA 903
  INSURANCE - claim against former insurance agent and authorised representative - obligation of agent to deliver records and correspondence of principal, upon request, to principal
  Judge: Allsop CJ
• 5 Jun 2018: Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 2) [2018] FCA 1097
  PRACTICE AND PROCEDURE - interlocutory injunction - where applicant alleges that product supplied by second respondent to third party was developed using applicant's information or resources - strength of prima facie case - balance of convenience and impact on third party - application dismissed
  Judge: Beach J

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