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.

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)

• 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
• 15 Jul 2025: Insurance Australia Limited, in the application of Insurance Australia Limited [2025] FCA 809
  INSURANCE — application for confirmation of scheme pursuant to s 17F of the Insurance Act 1973 (Cth) (the Act) to transfer part of IAL’s insurance business to IMA — where IAL and IMA both subsidiaries of IAG — where Scheme part of minor variation of joint venture between IAG and RACV — where procedural requirements under the Act, Prudential…
  Judge: JACKMAN J
• 15 Jul 2025: Mining Standards International Pty Ltd v Atlantic Nickel Mineracao Ltda (No 4) [2025] FCA 777
  PRACTICE AND PROCEDURE – application for leave to amend amended statement of claim (ASOC) – amendments pertaining to loss of opportunity claim – whether new cause of action added – whether amendments arise out of substantially the same facts as ASOC – whether amendments likely to cause prejudice, embarrassment or delay – whether amendments give…
  Judge: DERRINGTON J
• 12 Jun 2025: Intalo Group Pty Ltd v James Cook University [2025] FCA 778
  PRACTICE AND PROCEDURE – application for discovery – where documents sought are directed to facts relied upon as particulars in amended state of claim – where facts admitted – application for discovery dismissed
  Judge: DERRINGTON J
• 26 Jun 2025: Hall v Hemant Investments Pty Ltd [2025] FCA 776
  PRACTICE AND PROCEDURE – Application for order of deemed service under r 10.23 of Federal Court Rules 2011 (Cth) – whether not practicable to serve originating documents – whether order for substituted service should be made under r 10.24 for prospective service – application allowed
  Judge: LONGBOTTOM J
• 8 Jul 2025: New Aim Pty Ltd v Leung (No 4) [2025] FCA 747
  EQUITY – breach of confidence – use of confidential information subject to claimed equitable obligation – where applicant claimed that the identity and contact details of suppliers was confidential information – whether the confidential information was identified with sufficient specificity – whether the confidential information possessed the…
  Judge: NESKOVCIN J
• 9 Jul 2025: WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 3) [2025] FCA 771
  PRACTICE AND PROCEDURE – whether discovery dispute should be deferred until valuation date determined – where no formal application for determination of separate question under r 30.01 of Federal Court Rules 2011 (Cth) by defendants – where submitted that various categories of discovery would be irrelevant if defendants’ proposed valuation date…
  Judge: JACKMAN J
• 3 Jul 2025: Cirrus Real Time Processing Systems Pty Ltd v Jet Aviation Australia Pty Ltd (formerly Hawker Pacific Pty Ltd) [2025] FCAFC 85
  CONTRACTS – formation of contracts – intention to create legal relations – whether evidence of parties’ intending to be bound by terms – whether agreement as to sufficient terms CONTRACTS – formation of contracts – intention to be legally bound – underlying rationale for requirement to be legally bound – relevant principles – factors to be…
  Judge: DERRINGTON, CHEESEMAN AND JACKMAN JJ
• 1 Jul 2025: BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Application to Vacate Hearing) [2025] FCA 733
  PRACTICE AND PROCEDURE - application to vacate hearing date – two months between application to vacate and date of hearing – principles in Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 considered – late service of expert evidence – some defaults on both sides – hearing date vacated to allow…
  Judge: NEEDHAM J
• 19 Jun 2025: B3S2 Pty Ltd as Trustee for the B & S D'Avoine Enduring Family Superannuation Fund v Australian Public Custodian Limited (in liq) (No 2) [2025] FCA 719
  REPRESENTATIVE PROCEEDINGS – approval of settlement – application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval of settlement of proceeding on terms of Deed of Settlement and for approval of proposed Settlement Distribution Scheme – whether proposed settlement is fair and reasonable having regard to interests of class…
  Judge: SARAH C DERRINGTON J

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