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)

• 28 Jan 2021: Quintis Ltd (Subject to Deed of Company Arrangement) v Certain Underwriters at Lloyd's London Subscribing to Policy Number B0507N16FA15350 [2021] FCA 19
  INSURANCE - directors and officers' liability insurance - four policies of insurance - amount of cover for "Entity Securities Liability Optional Extension" ("Side C cover") - whether Side C cover sub-limited to primary policy- whether policies should be rectified - whether up to $50 million in Side C cover - Lloyd's insurance market - no expert…
  Judge: Lee J
• 23 Dec 2020: Pan v Royal National Capital Alliance Ltd [2020] FCA 1834
  REPRESENTATIVE PROCEEDINGS - settlement approval application in two class actions pursuant to s 33V of Federal Court of Australia Act 1976 (Cth) - closed class proceedings with small number of group members - settlements approved
  Judge: Lee J
• 23 Dec 2020: Kayler-Thomson v Colonial First State Investments Limited [2020] FCA 1867
  GROUP PROCEEDINGS - practice and procedure - security for costs - assessment of merits of principal claims - whether merits questions neutral - other discretionary factors - nature of group members' claims - compulsory superannuation money from workers - wages held in trust - quantum of security sought - security ordered
  Judge: Beach J
• 22 Dec 2020: Ying v I-Prosperity Pty Ltd [2020] FCA 1862
  PRACTICE AND PROCEDURE - leave sought to file notice of discontinuance under r 26.12 of the Federal Court Rules 2011 (Cth) - where remaining respondents in liquidation or not in contact - leave granted
  Judge: Stewart J
• 18 Dec 2020: Hayson, as trustee of the Hayson Family Trust v City Residential Property Pty Ltd [2020] FCA 1813
  COSTS - application for costs - whether conduct after circulating "for execution" settlement deed unreasonable - application dismissed
  Judge: Jagot J
• 18 Dec 2020: MOS Beverages Pty Ltd v Insurance Australia Ltd trading as CGU Insurance (No 2) [2020] FCA 1820
  COSTS - where applicant was successful in hearing on separate question of indemnity under an Industrial Special Risks Policy - where matter was originally listed for hearing on a different separate question - where applicant applied to vacate first hearing and rely upon an additional clause under the Policy - where applicant established indemnity…
  Judge: Allsop CJ
• 18 Dec 2020: Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance [2020] FCAFC 228
  INSURANCE - exclusions - construction - clause poorly worded - construction by reference to purpose and context INSURANCE - business interruption - exclusion concerning disease - triggered by declaration under Biosecurity Act 2015 (Cth)
  Judge: Besanko, Derrington and Colvin JJ
• 18 Dec 2020: Richards v Han [2020] FCA 1886
  PRACTICE AND PROCEDURE - summary judgment application - r 26.01(1)(a) of the Federal Court Rules 2011 (Cth) - s 31A of the Federal Court of Australia Act 1976 (Cth) - whether respondents have no reasonable prospect of successfully defending part of the proceeding PRACTICE AND PROCEDURE - application under r 16.21 of the Federal Court Rules 2011…
  Judge: Thawley J
• 18 Dec 2020: Harvard Nominees Pty Ltd v Tiller [2020] FCAFC 229
  CONSUMER LAW - misleading or deceptive conduct - entry into a series of pastoral leases in reliance on representations - relief of statutory rescission sought under s 243 of Australian Consumer Law (ACL) - whether appellant suffered or was likely to suffer loss or damage because of contravening conduct under ss 236 and 237 of ACL - whether case…
  Judge: Lee, Anastassiou and Stewart JJ
• 16 Dec 2020: The Colonial Mutual Life Assurance Society Limited, in the matter of The Colonial Mutual Life Assurance Society Limited [2020] FCA 1809
  INSURANCE - application for transfer of life insurance business - application for partial dispensation of requirement for distribution of approved summary of scheme pursuant to s 191(2)(c) of the Life Insurance Act 1995 (Cth) - dispensation orders made
  Judge: Gleeson J

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