Commercial Contracts, Banking, Finance and Insurance Sub-area NPA logo with link NPA logo with link

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

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.

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.

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:

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:

Rules:

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).

Latest Judgments

  • 12 Jul 2019: Genetic Technologies Limited, in the matter of Genetic Technologies Limited [2019] FCA 1088
    CORPORATIONS - ex parte application for remedial orders under s 1322(4)(d) of the Corporations Act 2001 (Cth) (the Act) - where the plaintiff failed to provide a cleansing notice to the Australian Securities Exchange in accordance with the exception under s 708A(5) of the Act - application granted
    Judge: Reeves J
  • 10 Jul 2019: Baron v Commonwealth Bank of Australia Limited (No 2) [2019] FCA 1062
    REPRESENTATIVE PROCEEDINGS - practice and procedure - two class actions - one open class action - one class action closed at its inception - substantially the same claims and causes of action- whether Cooperative Case Management orders should be made
    Judge: Yates J
  • 10 Jul 2019: Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 2) [2019] FCA 1061
    REPRESENTATIVE PROCEEDINGS - practice and procedure - two class actions - one open class action - one class action closed at its inception - substantially the same claims and causes of action - whether Cooperative Case Management orders should be made
    Judge: Yates J
  • 5 Jul 2019: Lucas Earthmovers Pty Limited v Anglogold Ashanti Australia Limited [2019] FCA 1049
    CONTRACTS - Applicant contracted with the Respondents to construct an access road to a remote mine site - various matters led to the incurring of additional costs and to construction delays - claim for damages for breach of contract - claim for payment of the time-related costs incurred by the Applicant in respect of additional work - claim for…
    Judge: White J
  • 26 Jun 2019: Gibson v Malaysian Airline System Berhad (Settlement Approval) [2019] FCA 1007
    PRACTICE AND PROCEDURE - representative proceeding - application for settlement under s 33V of Federal Court of Australia Act 1976 (Cth) - where all class members represented
    Judge: Perram J
  • 24 Jun 2019: Epsilon Insurance Broking Services Pty Ltd v Liberty Managing Agency Limited [2019] FCA 990
    Judge: Allsop CJ
  • 24 Jun 2019: Banks v Galea [2019] FCA 986
    CORPORATIONS - claim of misleading or deceptive conduct - where the claim relating to the corporation is sought to be struck out - whether the Court has jurisdiction to entertain the claim as pleaded - whether 'loss or damage' is pleaded - whether any oral agreement has been adequately pleaded - where the contract was pleaded to have been entered…
    Judge: McKerracher J
  • 21 Jun 2019: Eckford v Six Mile Creek Pty Ltd [2019] FCA 982
    CONTRACTS - interlocutory application - whether the parties entered into a binding contract to settle the proceedings on certain terms - consideration of whether the facts fall under the first or third class of Masters v Cameron (1954) 91 CLR 353 - facts of the case considered as being within the third class of Masters v Cameron - no binding…
    Judge: Jagot J
  • 21 Jun 2019: Hill v Forteng Pty Ltd [2019] FCAFC 105
    CONTRACTS - where directors of company, including the appellant, agreed to receive reduced remuneration as employees - whether company gave consideration - whether agreements to vary the original contract were void for uncertainty - held: appeal against orders on breach of contract dismissed COSTS - where primary judge did not separate costs on…
    Judge: Kerr, Bromwich and Wheelahan JJ
  • 21 Jun 2019: The Environmental Group Ltd v Bowd [2019] FCA 951
    INDUSTRIAL LAW - termination of employment - where employee reported in a CEO report financial irregularities to the board - where employee made a complaint to the Australian Securities and Investments Commission alleging serious fraud within the company before completion of an audit - where employee took personal leave - where employee's lawyers…
    Judge: Steward 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.