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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this sub-area:

Other general practice notes and Court developed guides which may be relevant to this Sub-area include:

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)

• 19 Jun 2019: QC Resource Investments Pty Ltd (In Liq) v Naicker [2019] FCA 963
  PRACTICE AND PROCEDURE – consideration of an application to strike out paragraphs of the originating application and 16 paragraphs of the statement of claim
  Judge: Greenwood J
• 14 Jun 2019: All Class Insurance Brokers Pty Ltd (in liquidation) v Chubb Insurance Company of Australia (in liquidation) [2019] FCA 928
  Judge: Allsop CJ
• 13 Jun 2019: Clark v National Australia Bank Limited [2019] FCA 933
  PRACTICE AND PROCEDURE - application for leave to file and serve amended originating application and further amended statement of claim - use of discovered and subpoenaed documents in amended originating application and further amended statement of claim - whether use of documents amounted to breach of implied Harman undertaking or Harman…
  Judge: Middleton J
• 12 Jun 2019: National Australia Bank Limited v Nautilus Insurance Pte Ltd [2019] FCA 899
  Judge: Allsop CJ
• 5 Jun 2019: Polis v Zombor [2019] FCA 856
  PRACTICE AND PROCEDURE - substituted service - whether the proposed method of service will in all reasonable probability be effective to bring knowledge of the documents to the first prospective respondent - whether leave should be granted by the Court pursuant to Rule 10.24 of the Federal Court Rules 2011 for the prospective applicant to serve…
  Judge: O'Bryan J
• 4 Jun 2019: Crest Real Estate Pty Ltd Trading as Barry Plant Epping v Realcover Insurances Pty Limited [2019] FCA 837
  Judge: Allsop CJ
• 4 Jun 2019: CCL Secure Pty Ltd v Berry (No 2) [2019] FCAFC 92
  COSTS - whether costs order made below should be disturbed - settlement letter not orthodox Calderbank offer - primary judge's costs order to remain - form of order to be made in lieu of order made by primary judge as to damages
  Judge: McKerracher, Robertson and Lee JJ
• 4 Jun 2019: Lucas v Zomay Holdings Pty Ltd [2019] FCA 830
  CONTRACTS - applicant seeks specific performance of contract - "fourth category" of Masters v Cameron (1954) 91 CLR 353 - allegation of repudiation CONSUMER LAW - misleading and deceptive conduct
  Judge: O'Callaghan J
• 28 May 2019: RNB Equities Pty Ltd v Credit Suisse Investment Services (Australia) Limited [2019] FCA 760
  PRACTICE AND PROCEDURE - interlocutory application to set aside originating application - interlocutory application for summary judgment - alleged lack of jurisdiction HIGH COURT AND FEDERAL COURT - jurisdiction of Federal Court of Australia - where federal claim of market manipulation against second respondent - where separate claim against first …
  Judge: Anderson J
• 24 May 2019: CCL Secure Pty Ltd v Berry [2019] FCAFC 81
  TRADE PRACTICES - misleading and deceptive conduct - s 52 of the Trade Practices Act 1974 (Cth) - findings relating to conduct at meeting between two participants with no witnesses - whether two oral representations were conveyed to respondents - whether primary judge erred in respect of factual and credit findings including in relation to…
  Judge: McKerracher, Robertson and Lee JJ

• Australian Competition and Consumer Commission (ACCC)
• Australian Securities and Investments Commission (ASIC)
• Australian Financial Security Authority (AFSA)