Commercial Contracts, Banking, Finance and Insurance Sub-area
About this Sub-Area
This Sub-area includes matters relating to:
- commercial contracts
- commercial transactional disputes.
Chief Justice Allsop established the Insurance List within this sub-area in 2016. Until 2022, the Chief Justice conducted all initial case management hearings and heard and disposed of the majority of the matters in the Insurance List. 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 a Senior Insurance List Judge, with substantive matters to be heard by the Senior Insurance List Judge or otherwise allocated to a judge from a specialised group of Insurance List Sub-Area Judges.
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 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. The current members of the User Group are:
Insurance Sub-area Judges
Insurance List Registrars
Judicial Registrar Farrell
Judicial Registrar Priestley
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:
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:
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)
- 29 Nov 2022:
Wan v BT Funds Management Limited  FCAFC 189
SUPERANNUATION - whether the primary judge and the Australian Financial Complaints Authority erred in accepting that the decision of the trustee of a superannuation fund to distribute a member's superannuation death benefit to his estate rather than the appellant was fair and reasonable - whether the appellant was a "dependant" of the deceased,…
Judge: Markovic, McElwaine and McEvoy JJ
- 28 Nov 2022:
Core Building Group Pty Ltd v Devoy  FCA 1407
COSTS - where proceeding resolved without final hearing - whether a costs order should be made on the basis of unreasonable conduct or belated capitulation by the respondents - no unreasonable behaviour - belated capitulation on all issues other than the assessment of damages - order that the respondents pay the applicant's costs in so far as…
Judge: Goodman J
- 28 Nov 2022:
Luvalot Clothing Pty Ltd v Dong  FCA 1411
EQUITY - confidential information - use of confidential information subject to claimed equitable obligation - whether employee breached equitable obligation of confidence - whether the applicant's customer details list has necessary degree of confidence - where WeChat contacts maintained on employee's personal mobile phone - whether use of…
Judge: Anderson J
- 24 Nov 2022:
Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 8)  FCA 1404
CORPORATIONS - fiduciary relationship - contractual relationship - South Korean manufacturer and supplier of audio-visual units - supply to Australian entity - on-supply by Australian entity to original equipment vehicle manufacturers (OEMs) - employees of Australian entity assisting South Korean manufacturer to set up Australian rival to supply…
Judge: Beach J
- 18 Nov 2022:
Australia and New Zealand Banking Group Limited, in the matter of Australia and New Zealand Banking Group Limited  FCA 1378
CORPORATIONS - Scheme of arrangement to implement a proposed internal restructure - establishment of a non-operating holding company to be the new listed parent company of the ANZ Group in place of the plaintiff - order sought under s 411(1) of the Corporations Act 2001 (Cth) - relevant considerations - orders made for convening of meeting
Judge: O'Bryan J
- 17 Nov 2022:
Traverse Alpine Operations Pty Ltd v Simpson  FCA 1365
COSTS - application for costs pursuant to s 570 of the Fair Work Act 2009 (Cth) - whether proceeding is "in relation to a matter arising under" the Fair Work Act - whether the unreasonable act or omission of the respondents caused the applicant to incur costs - where multiple settlement or Calderbank offers were made - where proceeding ultimately…
Judge: McElwaine J
- 11 Nov 2022:
Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 4)  FCA 1353
PRACTICE AND PROCEDURE - ruling on the admissibility of expert's report
Judge: Yates J
- 10 Nov 2022:
Four Air Leitchville Pty Ltd v Hurlad Pty Ltd  FCA 1372
PRACTICE AND PROCEDURE - application for further security for costs - where costs incurred exceed those anticipated when security ordered by consent - whether conduct of the third and fourth respondents tends against the exercise of discretion to award further security - "broad brush" assessment - orders for security for costs made
Judge: Lee J
- 10 Nov 2022:
MJ & PT Gunningham Pty Ltd (Trustee) v Redpa Dairy Partners Pty Ltd (Trustee)  FCA 1334
CORPORATIONS - whether the applicant effectively exercised its option to acquire additional units in a unit trust - where assets of the trust were sold in the same year as the option was exercised - interpretation of the trust deed and shareholder and unit agreement (Agreement) - where the applicant did not effectively exercise the option strictly …
Judge: McElwaine J
- 8 Nov 2022:
Harvard Nominees Pty Ltd v Nicoletti  FCAFC 179
CONSUMER LAW - where on remitter primary judge found that first and second respondents were liable to pay damages arising from loss under the Australian Consumer Law - where primary judge held that the remitter did not disturb first instance findings as to the third respondent and therefore did not order damages against him - where appellant…
Judge: Banks-smith, Colvin and O'Sullivan 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.