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)
- 5 Aug 2020:
Cash Bazaar Pty Ltd v RAA Consults Pty Ltd (No 3)  FCA 1115
PRACTICE AND PROCEDURE - setting aside of default judgment under r. 39.05 of the Federal Court Rules 2011 (Cth.) - where judgment entered against sixth respondent in default of filing of a defence - where proceedings against fifth respondent ceased before trial following settlement being reached - where applicants' proceedings against the first,…
Judge: Steward J
- 29 Jul 2020:
Sebastian v Day  FCA 1089
Judge: Thawley J
- 22 Jul 2020:
Harvard Nominees Pty Ltd v Tiller (No 3)  FCA 1054
COSTS - discretion as to costs - whether costs should follow the event - where applicant partially successful on certain issues but ultimately unsuccessful in overall outcome - where issues upon which applicant was successful occupied substantial time at trial - whether costs order granting discount to applicant appropriate - discount granted
Judge: Jackson J
- 17 Jul 2020:
Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd  FCA 1018
PRACTICE - application to strike out paragraphs of statement of claim - whether pleading too vague or imprecise - whether damages said to be caused from misleading conduct are adequately identified - whether causation adequately pleaded - some paragraphs require amendment but none so deficient that they should be struck out SECURITY FOR COSTS -…
Judge: Derrington J
- 16 Jul 2020:
HQ Insurance Pty Limited v Stonehatch Risk Solutions Limited (No 2)  FCA 1010
PRACTICE AND PROCEDURE - application for preliminary discovery under r 7.23 of Federal Court Rules 2011 (Cth) - where the prospective applicant reasonably believes it may have a right to relief under s 1324(1) of the Corporations Act 2001 (Cth) - whether reasonable inquiries have been made by the prospective applicant - failure to establish…
Judge: Thawley J
- 9 Jul 2020:
Carna Group Pty Ltd v The Griffin Coal Mining Company (No 5)  FCA 970
PRACTICE AND PROCEDURE - pleadings - amendment - applications for leave to withdraw admissions - whether the admissions concern a question of law or fact - whether it is in the interests of justice to allow the amendments Held: applications granted
Judge: McKerracher J
- 9 Jul 2020:
Hill v Zhang (No 3)  FCA 969
COSTS - interlocutory application for release of funds from existing security for costs - whether an order should be made that the applicants are jointly and severally liable to give additional security - release of funds and additional security ordered
Judge: Griffiths J
- 7 Jul 2020:
Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 5)  FCA 953
SECURITY FOR COSTS -- variation of earlier orders -- expenditure of actual costs beyond that anticipated in earlier security for cost application -- relevance of not informing opposing party of increased actual costs spent on discovery -- broad-brush approach to determining quantum appropriate
Judge: Middleton J
- 7 Jul 2020:
Dyczynski v Gibson  FCAFC 120
HIGH COURT AND FEDERAL COURT - Federal jurisdiction - jurisdiction of the Federal Court to determine the claims of all group members - meaning of "matter" PRACTICE AND PROCEDURE - application for leave to appeal - procedural fairness - application to file cross appeal out of time - application to file notice of contention out of time PRACTICE AND…
Judge: Murphy, Lee and Colvin JJ
- 6 Jul 2020:
Oceanview Developments Pty Ltd trading as Darwin River Tavern & Darwin River Supermarket v Allianz Australia Insurance Ltd trading as Territory Insurance Office (No 2)  FCA 935
Judge: Allsop CJ
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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.