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)

• 13 May 2022: McMahon Services Australia Pty Ltd v Howmet Systems Australia Pty Ltd, formerly Alcoa Australia Rolled Products Pty Ltd (No 2) [2022] FCA 545
  PRACTICE AND PROCEDURE - interlocutory application - application for production and non-standard discovery of categories of documents pursuant to the Redfern Discovery Procedure set out in [8.4] to [8.7] of the Commercial and Corporations Practice Note and rr 20.14 and 20.15 of the Federal Court Rules 2011 (Cth) - whether the making of the order…
  Judge: O'Sullivan J
• 13 May 2022: Shepherd v Watt [2022] FCAFC 78
  PRACTICE AND PROCEDURE - application for leave to appeal and appeal from orders made dismissing an application for leave to file an amended cross-claim and to extend the time to file evidence - whether sufficient doubt to warrant reconsideration of the discretion to make the orders - whether primary judge's exercise of his discretion fell within…
  Judge: Greenwood, Burley and Halley JJ
• 13 May 2022: Sharma v H.E.S.T. Australia Ltd [2022] FCA 536
  INSURANCE - appeal against Australian Financial Complaints Authority Limited (AFCA) determination affirming decision of Trustee and insurer to deny payment of additional death and income protection benefits of deceased policy holder on the basis of fraudulent misrepresentation - whether AFCA erred in interpreting ss 29 and 33 of Insurance…
  Judge: McElwaine J
• 6 May 2022: Sampson in his capacity as trustee of the bankrupt estates of Van Vlymen v Agrinova Pty Ltd [2022] FCA 529
  TRUSTS AND TRUSTEES - unopposed application to substitute applicant in proceeding - whether trustee can assign interest in subject matter of a proceeding to purchaser for value - application granted
  Judge: Rares J
• 29 Apr 2022: Wilson Security v Gucic [2022] FCA 477
  PRACTICE AND PROCEDURE - whether non-party is entitled to inspect documents pursuant to s 2.32 of the Federal Court Rules 2011 (Cth) - whether principle of open justice is engaged only when the relevant material is "used" or "deployed" in open court - leave refused
  Judge: Anastassiou J
• 28 Apr 2022: Westpac Life Insurance Services Limited v Szenasi [2022] FCA 486
  INSURANCE -- where life insurance company could not obtain discharge in relation to money payable under life insurance policy as beneficiaries unable to be located --order made under s 215(1) of the Life Insurance Act 1995 (Cth) for insured sum to be paid into Court
  Judge: Jagot J
• 27 Apr 2022: AAL Aviation Limited v Perth Airport Pty Ltd [2022] FCA 437
  HIGH COURT AND FEDERAL COURT -- jurisdiction -- whether dispute over lease terms engaged federal jurisdiction -- where parties' rights and obligations under lease arise under Commonwealth Acts and contested interpretation of those rights give rise to justiciable controversy -- Federal Court has original jurisdiction -- costs reserved
  Judge: Jagot J
• 21 Apr 2022: Garner v Central Innovation Pty Limited [2022] FCAFC 64
  INDUSTRIAL LAW - appeal from decision of primary judge that judgment and verdict be entered in favour of respondents in respect of 36 customers lost due to actions of appellant - whether primary judge wrongly departed from the case pleaded by the appellant - whether primary judge erred in finding that respondents established loss or damage -…
  Judge: Charlesworth, Stewart and Halley JJ
• 14 Apr 2022: Lobux Pty Ltd v Willshaun Pty Ltd (No 2) [2022] FCA 395
  COSTS - whether costs should be reduced pursuant to r 40.08(b) Federal Court Rules 2011 (Cth) - whether successful party should be paid a proportion of its costs pursuant to s 43(3)(c) Federal Court of Australia Act 1976 (Cth)
  Judge: Downes J
• 14 Apr 2022: Lu v Beijing Hua Xin Liu He Investment (Australia) Pty Ltd [2022] FCA 440
  PRACTICE AND PROCEDURE - application for leave to appeal - whether application will be heard by a Full Court
  Judge: Jackson J

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