Commercial Contracts, Banking, Finance and Insurance Sub-area
About this Sub-Area
This Sub-area includes matters relating to:
- commercial contracts
- commercial transactional disputes.
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.
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)
- 3 Jun 2020:
Carna Group Pty Ltd v The Griffin Coal Mining Company (No 4)  FCA 761
PRACTICE AND PROCEDURE - timetabling - preparation for trial - sequence of pre-trial steps - lay witness evidence - expert witness evidence - documentary evidence - whether documentary evidence should be exchanged before witness statements - whether expert evidence should precede lay evidence - whether it is appropriate to depart from the ordinary …
Judge: McKerracher J
- 28 May 2020:
Millar v Ropeload Pty Ltd  FCA 725
CORPORATIONS - application for cancellation of shares, rectification of share register or damages - representations as to future matters - alleged misleading or deceptive conduct - whether representations were conveyed
Judge: O'Callaghan J
- 26 May 2020:
NL Investment Group Pty Ltd v Parc Vue Project Botanic Pty Ltd (Trustee)  FCA 711
PRACTICE AND PROCEDURE - application for leave to amend statement of claim - leave opposed by respondents on the basis that the proposed statement of claim would be liable to be struck out - whether proposed statement of claim pleads allegations with sufficient particularity - whether proposed statement of claim abides by distinction between…
Judge: Anderson J
- 25 May 2020:
Pro-Pac Packaging (Aust) Pty Ltd v Penn (No 2)  FCA 710
PRACTICE AND PROCEDURE - preliminary discovery - costs - whether application for preliminary discovery should be dismissed - where prospective respondents agreed to provide preliminary discovery - where dismissal of proceedings would not prevent the prospective applicant from later commencing substantive proceedings - whether prospective applicant …
Judge: Burley J
- 22 May 2020:
QBE Insurance Australia Limited v Allianz Australia Insurance Limited (No 2)  FCA 707
Judge: Allsop CJ
- 19 May 2020:
Lloyd v Belconnen Lakeview Pty Ltd (No 2)  FCA 698
REPRESENTATIVE PROCEEDINGS - orders under 33ZB of the Federal Court of Australia Act 1976 (Cth) - whether there is a continuing "jurisdiction" requirement in s 33C - notion of s 33C as a "gateway" provision - application dismissed REPRESENTATIVE PROCEEDINGS - Simultaneous ss 33C and 33N applications as logically inconsistent - deferring…
Judge: Lee J
- 15 May 2020:
Cash Bazaar Pty Ltd v RAA Consults Pty Ltd (No 2)  FCA 636
CONSUMER LAW - misleading or deceptive conduct - pre-contractual representations - alleged contraventions of s. 18 of the Australian Consumer Law - where first applicant entered into franchising agreements allegedly in reliance on representations made to its sole director and shareholder (the second applicant) with respect to guaranteed income and …
Judge: Steward J
- 13 May 2020:
Uren v RMBL Investments Ltd (No 2)  FCA 647
REPRESENTATIVE PROCEEDINGS - application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) - whether proposed settlement is fair and reasonable - whether it is just under s 33V to make an Expense Sharing Order in relation to litigation funding charges - whether proposed litigation funding commission is…
Judge: Murphy J
- 12 May 2020:
Australian Branch of Great Lakes Insurance SE (trading as Great Lakes Australia), in the matter of the Australian Branch of Great Lakes Insurance SE (trading as Great Lakes Australia)  FCA 629
INSURANCE - application for dispensation orders pursuant to s 17C of the Insurance Act 1973 (Cth)
Judge: Allsop CJ
- 11 May 2020:
Harvard Nominees Pty Ltd v Tiller (No 2)  FCA 604
CONSUMER LAW - misleading or deceptive conduct - express oral representations regarding involvement of party in proposed leases - certain representations found to have been made - reliance on representations - whether representations misleading or deceptive - involvement in misleading or deceptive conduct - causation of loss or damage - applicant…
Judge: Jackson 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.