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.

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)

• 9 May 2025: Spozac Pty Ltd as trustee for the LDB Family Trust t/as Not Just Cakes v Tyro Payments Ltd (No 3) [2025] FCA 488
  PRACTICE AND PROCEDURE – representative proceeding – group member settlement scheme previously approved by Court – interlocutory application by administrator of settlement scheme – application seeking increase in amount of costs permitted to be paid in respect of administration of the scheme – failure to disclose that approval of the scheme had…
  Judge: OWENS J
• 9 May 2025: Kanik, in the matter of ThinkRed Recruitment Central Pty Ltd v Swan Elope Pty Ltd [2025] FCA 462
  CORPORATIONS – Winding up – Just and equitable grounds – Two-shareholder company – Deadlock between shareholders – Orders made winding up
  Judge: WHEATLEY J
• 8 May 2025: SMBC Leasing and Finance, Inc v Flexirent Capital Pty Ltd (Discovery) [2025] FCA 459
  PRACTICE AND PROCEDURE – Application for discovery of documents alleged to be subject to legal privilege – whether sufficient evidence that documents satisfy dominant purpose test – whether the Court should inspect relevant documents or a sub-set thereof to determine privilege claim – principles of efficient case management. PRACTICE AND PROCEDURE …
  Judge: NEEDHAM J
• 8 May 2025: Australian Securities and Investments Commission v HCF Life Insurance Company Pty Limited (Penalty) [2025] FCA 454
  INSURANCE – pecuniary penalty order under s 12GBB of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) for misleading the public as to the nature, characteristics and suitability of financial services – where no intention to engage in misleading conduct – where no evidence of consumer loss or damage – where risk of…
  Judge: JACKMAN J
• 2 May 2025: Koulouris v Sourasis (Confidentiality Application) [2025] FCA 452
  PRACTICE AND PROCEDURE – application by the first to fifth and seventh to thirteenth defendants for all documents on the Court file to be suppressed from disclosure or publication in their entirety – where the defendants have filed a defence – where the parties intend to proceed by mediation – where suppression and non-publication orders sought…
  Judge: SARAH C DERRINGTON J
• 6 May 2025: Fortrend Securities Pty Ltd v Wollermann (No 3) [2025] FCA 444
  COSTS – where respondents were entirely successful following 15-day trial – where respondents previously made two offers to settle the proceeding by which respondents would have paid to applicants substantial sums of money and their costs – where both offers not accepted – whether offers unreasonably refused – held: applicants liable to pay…
  Judge: O’CALLAGHAN J
• 1 Apr 2025: Kraft v BPR Audit Pty Ltd [2025] FCA 422
  REPRESENTATIVE PROCEEDINGS – application for approval of conditional settlement and distribution of funds under that settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – whether conditional settlement is fair and reasonable in the interests of group members as a whole – settlement approved
  Judge: MARKOVIC J
• 11 Apr 2025: UIL (Singapore) Pte Ltd v Wollongong Coal Limited (No 2) [2025] FCA 417
  PRACTICE AND PROCEDURE – where Applicant seeks leave to file and serve proposed further amended statement of claim – where new claims present triable issues – explanation for delay – prejudice – impact on trial date and other matters – whether amendments should be allowed
  Judge: BENNETT J
• 29 Apr 2025: Ezy-Fit Engineering Group Pty Limited v Microm Nominees Pty Limited (No 4) [2025] FCA 411
  COSTS – first applicant had mixed success at trial – second applicant unsuccessful – factors relevant to discount to be applied to costs otherwise payable – disproportion between time and costs of trial and outcome – respondents claim indemnity costs from date of offers – whether judgment less favourable than offers under r 25.14(1) of the Federal …
  Judge: BANKS-SMITH J
• 22 Apr 2025: Rimfire Energy Pty Ltd v BSF Co Pty Ltd (No 2) [2025] FCA 384
  CONTRACTS – whether, under Power Purchase Agreements (PPAs) for the construction of two facilities in the Northern Territory and the supply of electricity from those facilities, the Owners gave to the Buyer valid notices of extension of time to the Target Commercial Operation Date of the facilities – whether the Buyer was entitled to liquidated…
  Judge: O’CALLAGHAN J

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