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
The Insurance List was established within this sub-area in 2016. In April 2022, the Court held an Insurance List Information and Feedback Meeting, at which it was announced that the List would now be run by Senior Insurance List Judges, with substantive matters to be heard by those judges or otherwise allocated to a judge in the NPA sub-area.
The aims and operation of the Insurance List can be found in Schedule 2 to the Commercial and Corporations Practice Note (C&C-1).
The listing days and times for the Insurance List are currently determined by a Senior Insurance List Judge on an as required basis.
Senior Insurance List Judges
Justice Derrington
Justice Jackman
Insurance List Registrar
Judicial Registrar Farrell
Insurance Schemes
Practitioners seeking interlocutory and final hearing dates relating to schemes concerning the transfer of insurance or life insurance businesses may contact the National Operations Registry at NORTeam@fedcourt.gov.au to obtain potential hearing dates before the Senior Insurance List Judge or another judge before the filing of an application.
User Group
The Court aims to hold yearly information sessions, as well as regular User Group meetings, in order to provide the profession with an opportunity to comment on the operation of the Insurance List.
See also Insurance List for Short Matters.
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:
| Forms: |
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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 May 2025:
Westpac Banking Corporation v Forum Finance Pty Limited (in liq) (Relief) [2025] FCA 882
EQUITY – Reasons for final orders made consequential on determination of liability
Judge: CHEESEMAN J - 29 Jul 2025:
Angel Holdco Pty Ltd v WIJOAV Services Pty Ltd [2025] FCA 872
PRACTICE AND PROCEDURE – application for leave to appeal – application for expedition – where the primary judge delivered judgment on liability issues but not quantification issues – where the quantum hearing is listed for November 2025 – where the defendants at first instance sought leave to appeal the liability judgment – where the respondents…
Judge: MOSHINSKY J - 30 Jul 2025:
AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd (No 2) [2025] FCAFC 97
PRACTICE AND PROCEDURE – suppression or non-publication orders – where the respondent filed an interlocutory application seeking suppression or non-publication orders in respect of four figures in the judgment of the Full Court on the basis of commercial harm if the figures were released – where the appellants contended that any suppression or…
Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ - 25 Jul 2025:
Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust (NSW) (No 2) [2025] FCAFC 94
PRACTICE AND PROCEDURE – appeals – costs –entitlement of a “successful” party to costs of proceedings before the primary judge – appellant having achieved substantive success in proceedings – respondent (applicant below) having achieved minor success in proceedings – which party entitled to claim “success” in the proceedings – adjustment made to…
Judge: DERRINGTON, COLVIN AND MCEVOY JJ - 24 Jul 2025:
Azad v Avant Insurance Limited (No 2) [2025] FCA 853
PRACTICE AND PROCEDURE - application to summarily dismiss proceedings - applicant conducting proceedings as a litigant in person - observations as to the obligation of any litigant to clearly and concisely state the nature of the case - consideration of the correct approach where claim is brought by a litigant in person - where despite…
Judge: COLVIN J - 24 Jul 2025:
Yong v Westpac Banking Corporation [2025] FCA 816
PRACTICE AND PROCEDURE – application for review of a decision of Registrar to require production of discovered documents – whether documents subject to legal professional privilege – whether communications made for dominant purpose of legal advice or litigation – where documents provided to third parties on confidential and limited basis –…
Judge: BENNETT J - 21 Jul 2025:
Simpson v Taylors Business Pty Ltd [2025] FCA 835
PRACTICE AND PROCEDURE – application by director to represent a company where director is not a lawyer – whether to exercise Court’s discretion to waive compliance with r 4.01(2) of the Federal Court Rules 2011 (Cth) – application dismissed
Judge: BENNETT J - 18 Jul 2025:
WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 4) [2025] FCA 826
COSTS — plaintiffs’ application for lump sum costs order under r 40.02(b) of the Federal Court Rules 2011 (Cth) — where s 23 of Federal Court of Australia Act 1976 (Cth) sufficiently wide to enable costs incurred in proceedings transferred from New South Wales Supreme Court to be dealt with — where shortcomings in quantifications by defendants’…
Judge: JACKMAN J - 23 Jul 2025:
EweTec Pty Ltd v Whyalla Beef Pty Ltd [2025] FCA 842
PRACTICE AND PROCEDURE – application for discovery – where discovery sought consequent upon amendments made by the applicant to its concise statement – consideration of appropriate period and scope of discovery categories relevant to new allegations
Judge: SARAH C DERRINGTON J - 9 Jul 2025:
AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd [2025] FCAFC 86
COMPETITION AND CONSUMER LAW – unconscionable conduct – where the respondent was the Australian subsidiary of a well-known vehicle manufacturer – where appellants carried on business as new vehicle dealers – where the respondent and the dealers entered into agreements that gave effect to a “dealership model” – where the dealer agreement gave each…
Judge: MOSHINSKY, BROMWICH AND ANDERSON JJ
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.
National Coordinating Judges
- Derrington J
- Banks-Smith J
- Cheeseman J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis
