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
- 11 Oct 2024:
Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited [2024] FCA 1193
CONFLICT OF LAWS - anti-anti-suit-injunction - where there are ten proceedings (the Greensill Proceedings) before this Court in which the applicants seek judgment against Insurance Australia Limited in respect of amounts alleged to be payable under insurance policies - where Marsh Limited (an English company) and Marsh Pty Ltd (an Australian…
Judge: Moshinsky J - 11 Oct 2024:
Westpac Banking Corporation v Forum Finance Pty Limited (in liq) (Liability) [2024] FCA 1176
EQUITY -- audacious fraud perpetrated against four financiers - collective advance by financiers of about $500 million to companies in the consolidated Forum group and to a related company incorporated in New Zealand - advances made pursuant to fictitious and fraudulent equipment leasing finance arrangements - where comprehensive uncontested…
Judge: Cheeseman J - 9 Oct 2024:
Fisher v BT Funds Management Ltd [2024] FCA 1166
PRACTICE AND PROCEDURE - representative proceeding - interlocutory application under s 33X of the Federal Court of Australia Act 1976 (Cth) for leave to issue a notice to certain group members of an application to discontinue the proceeding
Judge: O'Bryan J - 4 Oct 2024:
Fortescue Limited v Element Zero Pty Limited (No 2) [2024] FCA 1157
PRACTICE AND PROCEDURE - application to set aside ex parte search orders made by the duty judge - whether the applicants overstated and misrepresented to the duty judge the strength of the applicant's prima facie case - whether, on the evidence, there was no real risk of destruction of documents - whether there was a material non-disclosure by the …
Judge: Markovic J - 23 Sep 2024:
Punchbowl Casual Dining Pty Ltd v Rashays Cafes & Restaurants Pty Ltd (No 3) [2024] FCA 1137
PRACTICE AND PROCEDURE - application to amend statement of claim - where delay unexplained - where respondent unable to prepare evidence to meet allegation in time for the hearing - application dismissed
Judge: Jackman J - 23 Sep 2024:
Advanta Seeds Pty Ltd v Nuseed Pty Ltd [2024] FCA 1105
INJUNCTION -interlocutory application to enjoin respondent's compliance with Licensing Agreement - where applicant alleges breach by the respondent of an undertaking to the Court - whether, properly construed, the respondent breached the undertaking INJUNCTION - whether there is a prima facie case for the purpose of granting an injunction -…
Judge: Sarah C Derrington J - 20 Sep 2024:
Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 6) [2024] FCA 1097
COSTS - whether the respondent should pay the applicants' costs of proving the truth of certain asserted facts in a disputed notice to admit - where parties otherwise in agreement that applicants should be jointly and severally liable to pay respondent's costs on a lump sum basis COSTS - whether costs should be assessed by a Registrar exercising…
Judge: Yates J - 20 Sep 2024:
Cody Gemtec Retail Pty Ltd v Underwriting Members of Syndicate 2003 at Lloyd's (Declassing Applications) [2024] FCA 1098
REPRESENTATIVE PROCEEDINGS - declassing applications - business interruption insurance class actions -COVID-19 pandemic and related government measures -where class actions commenced by insureds who claim they are entitled to be indemnified for loss for business interruption or inference - where insurer respondents seek to declass the proceedings…
Judge: Lee J - 20 Sep 2024:
Chubb Insurance Australia Limited v WSP Structures Pty Ltd [2024] FCAFC 123
INSURANCE - whether first respondent an insured -where named insured a construction company - where first respondent provided engineering services to named insured - where definition of "Insured" included "sub-contractors" engaged by named insured - whether primary judge erred in construing "sub-contractors" to mean a party who has been contracted …
Judge: O'Callaghan, Derrington and Jackman JJ - 18 Sep 2024:
Hamilton v Meta Platforms, Inc (Leave to appeal stay and costs orders) [2024] FCA 1078
PRACTICE AND PROCEDURE -- application for leave to appeal from interlocutory decisions -- where primary judge ordered that the proceedings be permanently stayed under s 23 of the Federal Court of Australia Act 1976 (Cth) and r 1.23 of the Federal Court Rules 2011 (Cth) -- where the applicant sought an order under s 82(4) of the Competition and…
Judge: O'Sullivan J
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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.
