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
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:
Senior Insurance List Judge
Jagot J
ChambersJagot@fedcourt.gov.au
Tel: 02 8099 8548 / 02 8099 8398 (Associate/Executive Assistant)
Insurance Sub-area Judges
Allsop CJ
Besanko J
Jagot J
Moshinsky J
O'Callaghan J
Lee J
Derrington J
Colvin J
Stewart J
Anderson J
Goodman J
Feutrill J
Insurance List Registrars
Judicial Registrar Farrell
Judicial Registrar Priestley
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
- 20 Mar 2023:
Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 2) [2023] FCA 243
PRACTICE AND PROCEDURE - application for injunction to restrain counsel from acting for respondents in hearing to be conducted by Judicial Registrar in his capacity as a referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) - whether there is a real and sensible possibility of the misuse of confidential information - …
Judge: O'Callaghan J - 17 Mar 2023:
AIA Australia Ltd v Sharma [2023] FCAFC 42
INSURANCE - life insurance - where life insured made fraudulent misrepresentations to group life insurer regarding his cardiac history in application for additional death and income protection cover pursuant to group life insurance policy - where insurer entered into additional cover - where trustee of superannuation fund subsequently changed…
Judge: Stewart, Halley and Button JJ - 16 Mar 2023:
GCTR Investments Pty Ltd v DJD Family Holdings [2023] FCA 260
PRACTICE AND PROCEDURE - application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) - where respondents have failed to file defence - Held: relief granted.
Judge: Cheeseman J - 16 Mar 2023:
ADG Digital Pty Ltd v Trigon Trading Pty Ltd (Administrators Appointed) [2023] FCA 232
PRACTICE AND PROCEDURE - application for stay of interlocutory order - stay of payment of funds out of court pursuant to court order - where funds were paid into court by company under voluntary administration - where orders made for payment out of funds in court before funds received in court and before the paying company went into administration …
Judge: Button J - 13 Mar 2023:
Richards v Han (Costs) [2023] FCA 211
COSTS - where parties could not reach agreement on costs - where applicant sought order that respondents pay costs on a party and party basis - where respondents sought orders for applicant to pay respondents' costs on a party and party basis up to 13 October 2021 and thereafter on an indemnity basis and in the alternative on a party and party…
Judge: Halley J - 10 Mar 2023:
Hannover Life Re of Australasia Ltd v Minister for Families and Communities (No 3) [2023] FCA 207
INSURANCE - where life insurer has paid money into court pursuant to s 215 of the Life Insurance Act 1995 (Cth) - disposition of the funds - where there may be competing claims to entitlement to the sum paid into Court
Judge: Allsop CJ - 10 Mar 2023:
Hakea Holdings Pty Ltd v Neon Underwriting Limited for and on behalf of the Underwriting Members of Lloyds Syndicate 2468 [2023] FCAFC 34
INSURANCE - Directors and Officers liability insurance - where policy excludes liability for loss in connection with a claim arising out of or attributable to or in connection with any director gaining any personal profit or advantage to which he or she was not legally entitled - where exclusion subject to a proviso that it shall only apply if…
Judge: Colvin, Button and Jackman JJ - 9 Mar 2023:
Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 189
CORPORATIONS - application for dismissal of proceedings pursuant to s 56(4) of the Federal Court of Australia Act 1976 (Cth) and rr 5.23 and 19.01(1) of Federal Court Rules 2011 (Cth) - failure to comply with timetabling orders - failure to provide security for costs - applicants on notice of application for dismissal - inadequate explanation for…
Judge: Sarah C Derrington J - 8 Mar 2023:
AIA Australia Limited, in the matter of AIA Australia Limited [2023] FCA 167
INSURANCE - application pursuant to s 191(5) of the Life Insurance Act 1995 (Cth) to dispense with requirement to provide approved summary of scheme to every affected policy owner in respect of transfer of life insurance business - range of matters to be considered - supported by Australian Prudential Regulation Authority - application granted
Judge: Derrington J - 8 Mar 2023:
Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited (Liability Judgment) [2023] FCA 190
INSURANCE - where claims brought against the Uniting Church arising from alleged sexual abuse in school run by the Church - whether applicant gave notice of facts to insurer that might give rise to claims against insurer - whether insurer precluded from denying indemnity by operation of s 40(3) of the Insurance Contracts Act 1984 (Cth) (Act) -…
Judge: Lee 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.
