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
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.
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
- 27 Aug 2025:
BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Amendment and Strikeout) [2025] FCA 1030
PRACTICE AND PROCEDURE – application to amend statement of claim – claim in relation to loss of value of business raised in proposed pleading previously and not included in eventual pleading – applicant’s expert report calculates a loss of value of business claim – proposed amendments not a mere alignment of pleadings with the evidence but a…
Judge: NEEDHAM J - 15 Aug 2025:
Fine China Capital Investment Limited, in the matter of Fine China Capital Investment Limited (No 8) [2025] FCA 1006
PRACTICE AND PROCEDURE – application to re-open case to tender documents –whether additional expert report will affect the result – where additional expert report not probative of a matter in issue – whether in the interests of justice to allow applicant to re-open – application to re-open to tender additional expert report dismissed
Judge: NESKOVCIN J - 23 Jul 2025:
Grofski v Peabody Energy Australia PCI Mine Management Pty Ltd [2025] FCA 1021
PRACTICE AND PROCEDURE – application for joinder of an additional applicant pursuant to rules 9.02 and/or 9.05 of the Federal Court Rules 2011 (Cth) – whether common questions of fact between claims of applicant and proposed additional applicant – whether claims arise from related disputes – whether joinder would avoid a multiplicity of…
Judge: SARAH C DERRINGTON J - 21 Aug 2025:
Bluetag Australia Pty Ltd v BCC Trade Credit Pty Ltd trading as Bond and Credit Co (No 2) [2025] FCA 992
PRACTICE AND PROCEDURE – interlocutory application where the first and second respondents seek leave to apply to the United States District Court for the District of Delaware to obtain documents pursuant to 28 USC §1782 – whether the Court should exercise its discretion to permit the first and second respondents to take steps to seek discovery…
Judge: STEWART J - 21 Aug 2025:
Villawood Management Pty Ltd v Marlton Group Pty Ltd [2025] FCA 980
PRACTICE AND PROCEDURE – Application to review Registrar’s exercise of power setting aside subpoena issued to respondents’ solicitors – where respondents contended subpoena lacked legitimate forensic purpose – where respondents claimed legal professional privilege in respect of documents responsive to subpoena – consideration of authorities…
Judge: ANDERSON J - 21 Aug 2025:
Korea Midland Power Co Ltd v ACIRL Quality Testing Services Pty Ltd (No 2) [2025] FCA 987
PRIVILEGE – legal professional privilege – third party reports – investigation of alleged misconduct of employees – whether third party reports were created for the dominant purpose of receiving legal advice – held that reports were subjective to legal professional privilege PRIVILEGE – waiver – implied waiver – whether voluntary disclosure of…
Judge: GOODMAN J - 20 Aug 2025:
Wealth Trail Pty Ltd (in liq) v Del Vecchio [2025] FCA 982
PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – where Respondent failed to file a defence – where Applicants sought judgment for damages and/or equitable compensation to be assessed at a later date – whether permanent injunction should be granted in circumstances where Respondent is in …
Judge: BUTTON J - 20 Aug 2025:
Morcom Holdings Pty Ltd v Mountain Asset Partners Pty Ltd (in liquidation) (No 2) [2025] FCA 977
PRACTICE AND PROCEDURE – application by the plaintiff to continue a freezing order as against the second to sixth defendants – whether the plaintiff has a sufficiently arguable case against the second to sixth defendants, including as against the third to sixth defendants a case based upon allegations of accessorial liability for misleading and…
Judge: GOODMAN J - 6 Aug 2025:
Chen v Insight Investment Management Pty Ltd (No 2) [2025] FCA 937
PRACTICE AND PROCEDURE – application for deemed service under r 10.23 of the Federal Court Rules 2011 (Cth) – application for substituted service under r 10.24 – failed attempts to effect personal service – whether personal service not practicable – application allowed
Judge: NESKOVCIN J - 1 Aug 2025:
Marasol Pty Ltd v Philips [2025] FCA 945
PRACTICE AND PROCEDURE – conduct of case management hearings – proposed timetabling orders – appropriate orders where small amount in dispute – obligations of legal practitioners under ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth)
Judge: DERRINGTON 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.
National Coordinating Judges
- Derrington J
- Banks-Smith J
- Cheeseman J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis