Commercial & Corporations

About this NPA

The Commercial and Corporations National Practice Area (NPA) covers commercial and corporations disputes within federal jurisdiction.

This NPA consists of six Sub-areas and each has a dedicated webpage for specific information about proceedings in those Sub-areas:

22 Oct 2021: Australian Competition and Consumer Commission v AA Machinery Pty Ltd [2021] FCA 1293
CONSUMER LAW - admitted misleading or deceptive conduct and false or misleading representations in contravention of ss 18 and 29(1)(j) and (m) of the Australian Consumer Law - application for a pecuniary penalty, consumer redress orders, injunctions and adverse publicity order - principles relevant to assessment of appropriate penalty and granting …
Judge: Murphy J
21 Oct 2021: AAI Limited trading as Vero Insurance v Technology Swiss Pty Ltd (No 2) [2021] FCAFC 183
COSTS - appeal and cross-appeal indivisible - appeal and cross-appeal dismissed - offer of compromise -- offer not made by respondent/cross-appellant in capacity only of respondent - offer made by respondent/cross-appellant also in capacity of cross-appellant in cross-appeal - offer ambiguous - not unreasonable for appellant/cross-respondent not…
Judge: Perram, Jagot and Derrington JJ
20 Oct 2021: Westpac Banking Corporation v State of Western Australia [2021] FCA 1264
BANKRUPTCY - application by mortgagee for order vesting bankrupts' property in mortgagee - property disclaimed by trustee in bankruptcy - mortgagee seeks to utilise powers as if mortgagee in possession - just and equitable that property be vested in mortgagee
Judge: Jackson J

15 Oct 2021: Some thoughts about proof in competition cases
Delivered virtually at the 18th Annual Competition Law and Economics Workshop.
4 Mar 2021: Courts, confidences and change in challenging circumstances
Delivered at the Quayside Chambers Oration, Perth Concert Hall, by Justice Banks-Smith.
12 Nov 2019: Statutes and Equity
Paper presented at the Kenneth Sutton Lecture, by Chief Justice Allsop.

Central Practice Note (CPN-1)
Commercial and Corporations Practice Note (C&C-1)
- Schedule 1: General and Personal Insolvency
- Schedule 2: Corporations and Corporate Insolvency
- Schedule 3: International Commercial Arbitration
Class Actions Practice Note (GPN-CA)

Forms:	Form 15 - Originating application Either Form 17 - Statement of claim OR NCF1 Concise statement Form 59 - Affidavit
Rules:	Federal Court Rules 8.01(1) , 8.04(1), 8.05(1)(a) and 29.02(1)

Specific forms, rules and other information applicable to each of the Sub-areas are set out on the individual Sub-area webpages.