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
- 8 Dec 2021:
Alexiou v Australia and New Zealand Banking Group Limited (Notice to Produce) [2021] FCA 1538
PRIVILEGE - legal professional privilege ('LPP') - application for production of solicitors' file notes - whether file notes subject to LPP - applicability of joint or common interest privilege
Judge: Perram J - 3 Dec 2021:
Brady v NULIS Nominees (Australia) Limited in its capacity as trustee of the MLC Super Fund (No 2) [2021] FCA 1517
PRACTICE AND PROCEDURE - representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth) - common questions for determination at initial trial - application by applicant for question of aggregate damages to be determined at initial trial - where threshold issues require determination prior to consideration of quantum of…
Judge: Markovic J - 1 Dec 2021:
Belconnen Lakeview Pty Ltd v Lloyd (No 2) [2021] FCAFC 218
PRACTICE AND PROCEDURE - costs - appeal and cross-appeal - whether any basis to depart from usual order that costs follow the event - indemnity costs - whether any basis to order costs on an indemnity basis
Judge: Griffiths, Davies and Moshinsky JJ - 26 Nov 2021:
Creative Property Holdings Pty Ltd (Trustee) v Car Parks Super Pty Ltd (Trustee) [2021] FCA 1478
CONTRACTS - claim for specific performance of a contract for the sale of land - whether binding contract for the sale of land - whether parties intended to be bound only upon the exchange of counterparts - Eccles v Bryant and Pollock [1948] 1 Ch 93 considered and applied CONSUMER LAW - whether by making of offer to sell land respondent engaged in…
Judge: O'Callaghan J - 25 Nov 2021:
Stack v AMP Financial Planning Pty Limited (No 2) [2021] FCA 1479
CORPORATIONS - representative proceeding - practice and procedure - de-classing action - s 33N of the Federal Court of Australia Act 1976 (Cth) - s 33N(1)(c) - whether representative proceeding an efficient and effective means of dealing with claims - commonality concerning claims under ss 961B, 961J, 961L and 965 of the Corporations Act 2001…
Judge: Beach J - 23 Nov 2021:
Sunland Group Limited v Gold Coast City Council [2021] FCA 1473
CORPORATIONS - consideration of an application for orders for the production of documents in an unredacted form on the contended footing that the applicant in the principal proceedings had engaged in conduct giving rise to an implied waiver of legal professional privilege said to subsist in the text redacted from the various documents in question…
Judge: Greenwood J - 18 Nov 2021:
Oliver Hume South East Queensland Pty Ltd v Barclay (No 2) [2021] FCA 1426
COSTS - where matter transferred from Supreme Court of Queensland to Federal Court of Australia - whether costs ought be paid on indemnity basis or party and party basis - relevant principles - whether indemnity costs properly awarded in cases of Anshun estoppel, abuse of process and res judicata - respective positions of the parties…
Judge: Collier J - 17 Nov 2021:
Registered Clubs Association of New South Wales v Stolz (No 2) [2021] FCA 1418
PRACTICE AND PROCEDURE - application for interlocutory injunction to restrain threatened contempt of court - where the first respondent allegedly pursued a media campaign to improperly pressure the applicant regarding the applicant's litigation against the respondents - further disclosure orders - whether an asset preservation order should be made
Judge: Yates J - 12 Nov 2021:
FM Insurance Company Limited, in the matter of FM Insurance Company Limited [2021] FCA 1442
INSURANCE - application under s 17C(5) of the Insurance Act 1973 (Cth) for dispensation from the requirements of s 17C(2) Held: application granted
Judge: McKerracher J - 11 Nov 2021:
Bega v Lauvan Pty Ltd [2021] FCA 1392
PRACTICE AND PROCEDURE - application for leave to amend statement of claim - counter-application by respondents for stay of proceedings or summary dismissal - where applicant and two of three respondents were previously in litigation in New South Wales Supreme Court (NSWSC) - where NSWSC determined issues in respect of the same transaction - where …
Judge: Stewart J
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