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
- 26 Jun 2025:
Hall v Hemant Investments Pty Ltd [2025] FCA 776
PRACTICE AND PROCEDURE – Application for order of deemed service under r 10.23 of Federal Court Rules 2011 (Cth) – whether not practicable to serve originating documents – whether order for substituted service should be made under r 10.24 for prospective service – application allowed
Judge: LONGBOTTOM J - 8 Jul 2025:
New Aim Pty Ltd v Leung (No 4) [2025] FCA 747
EQUITY – breach of confidence – use of confidential information subject to claimed equitable obligation – where applicant claimed that the identity and contact details of suppliers was confidential information – whether the confidential information was identified with sufficient specificity – whether the confidential information possessed the…
Judge: NESKOVCIN J - 9 Jul 2025:
WIJOAV Services Pty Ltd v Goldstone Private Equity Pty Ltd (No 3) [2025] FCA 771
PRACTICE AND PROCEDURE – whether discovery dispute should be deferred until valuation date determined – where no formal application for determination of separate question under r 30.01 of Federal Court Rules 2011 (Cth) by defendants – where submitted that various categories of discovery would be irrelevant if defendants’ proposed valuation date…
Judge: JACKMAN J - 3 Jul 2025:
Cirrus Real Time Processing Systems Pty Ltd v Jet Aviation Australia Pty Ltd (formerly Hawker Pacific Pty Ltd) [2025] FCAFC 85
CONTRACTS – formation of contracts – intention to create legal relations – whether evidence of parties’ intending to be bound by terms – whether agreement as to sufficient terms CONTRACTS – formation of contracts – intention to be legally bound – underlying rationale for requirement to be legally bound – relevant principles – factors to be…
Judge: DERRINGTON, CHEESEMAN AND JACKMAN JJ - 1 Jul 2025:
BCI Media Group Pty Ltd v CoreLogic Australia Pty Ltd (Application to Vacate Hearing) [2025] FCA 733
PRACTICE AND PROCEDURE - application to vacate hearing date – two months between application to vacate and date of hearing – principles in Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 considered – late service of expert evidence – some defaults on both sides – hearing date vacated to allow…
Judge: NEEDHAM J - 19 Jun 2025:
B3S2 Pty Ltd as Trustee for the B & S D'Avoine Enduring Family Superannuation Fund v Australian Public Custodian Limited (in liq) (No 2) [2025] FCA 719
REPRESENTATIVE PROCEEDINGS – approval of settlement – application under s 33V of the Federal Court of Australia Act 1976 (Cth) for approval of settlement of proceeding on terms of Deed of Settlement and for approval of proposed Settlement Distribution Scheme – whether proposed settlement is fair and reasonable having regard to interests of class…
Judge: SARAH C DERRINGTON J - 25 Jun 2025:
Australian Securities and Investments Commission v Macrolend Pty Ltd (No 2) [2025] FCA 710
PRACTICE AND PROCEDURE – application to adjourn final hearing – where application made weeks prior to commencement of trial – where counsel and solicitors have withdrawn from acting for defendants – where defendants face funding constraints – whether funding position would improve if trial adjourned for several months – whether serious attempts…
Judge: SARAH C DERRINGTON J - 27 Jun 2025:
Clark v National Australia Bank Limited [2025] FCA 627
PRACTICE AND PROCEDURE – interlocutory application for summary dismissal or strike out of the whole of the amended statement of claim – whether pleaded causes of action are statute barred – whether pleading discloses reasonable cause of action – whether there was fraudulent concealment of the claims – whether applicants lack standing to bring…
Judge: MARKOVIC J - 26 Jun 2025:
ACN 168 479 614 Pty Ltd (formerly known as Steller Developments Pty Ltd (in liq) (Receivers & Managers appointed) v Smedley, in the matter of ACN 168 479 614 Pty Ltd (No 4) [2025] FCA 690
COSTS – where applicant was unsuccessful on the principal claim and it became unnecessary to determine a cross-claim brought by one respondent against other respondents and another party – where one of the respondents seeks an order for the payment of his costs on an indemnity basis – application refused – where that same party, qua…
Judge: GOODMAN J - 26 Jun 2025:
Monarch Advisory Group Pty Ltd (in liquidation) v Puxty (Costs) [2025] FCA 697
COSTS – application for costs to be paid on an indemnity basis – where applicant had partial success at trial – where cross-claimants had partial success at trial – where offer of compromise and Calderbank offer made – whether offeror achieved a more favourable result at trial than the terms of the offer of compromise – application for indemnity…
Judge: MARKOVIC 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
