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
- 17 Apr 2025:
PF1 Solutions Pty Ltd (in liq) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) (No 3) [2025] FCA 373
PRACTICE AND PROCEDURE – application for security for costs – quantum of security to be ordered only issue – security in an amount of $200,000 to be provided – application for enforcement of earlier costs order – proper construction of that order – costs not yet payable
Judge: GOODMAN J - 14 Apr 2025:
Australian Agrivision Pty Ltd v Wolstenholme (Stay) [2025] FCA 364
PRACTICE AND PROCEDURE – where second respondent seeks stay of the proceeding – where second respondent alleges substantial overlap with a proceeding involving himself and his ex-de facto partner in the Federal Circuit and Family Court of Australia (Division 1) – where this proceeding is further said to have been initiated as leverage vis-à-vis…
Judge: STEWART J - 11 Apr 2025:
Perth Airport Pty Ltd v Airservices Australia [2025] FCA 351
PRACTICE AND PROCEDURE – application to further amend statement of claim – introduction of new issue – whether amendments would render pleading evasive or ambiguous or likely to cause prejudice, embarrassment or delay in proceeding – fair notice of case to be met
Judge: FEUTRILL J - 11 Apr 2025:
Tredders Investments Pty Ltd as trustee for Warren Tredrea Trust v Channel 9 South Australia Pty Ltd (No 2) [2025] FCAFC 50
COSTS – where s 17 of Independent Contractors Act 2006 (Cth) (IC Act) applies to proceeding – power to award costs pursuant to s 17(1) of IC Act – whether appeal instituted without reasonable cause
Judge: PERRY, MCEVOY AND MCDONALD JJ - 10 Apr 2025:
Altrad Australia Pty Ltd v Dropulich [2025] FCA 342
PRACTICE AND PROCEDURE – application to strike-out paragraphs of statement of claim – evasive or ambiguous pleading – pleading likely to cause prejudice, embarrassment or delay in the proceeding – failure to disclose any reasonable cause of action – failure to plead material facts – adequacy of particulars – fair notice of the case to be met –…
Judge: FEUTRILL J - 9 Apr 2025:
YAF Master v S&P Global, Inc (Applications for Leave) [2025] FCA 333
PRACTICE AND PROCEDURE – application to amend pleadings and to rely upon further evidence in circumstances of complex litigation listed for 8 week final hearing commencing in June 2025 when proceedings were listed for final hearing in December 2023 – where litigation relates to matters occurring over 20 years ago and preceding the Global Financial …
Judge: SHARIFF J - 8 Apr 2025:
Viridian Financial Group Ltd v Loring (Pleadings Dispute) [2025] FCA 327
PRACTICE AND PROCEDURE – pleadings – strike out – summary judgment – defence – statement of claim –application to strike out pleadings in defence granted – no leave granted to replead defence – application to strike out pleadings in statement of claim denied – application for summary judgment not granted – leave granted to amend pleadings in…
Judge: DOWLING J - 3 Apr 2025:
Nova Supply Chain Finance Pty Limited v Active Capital Reinsurance Limited (No 2) [2025] FCA 332
PRACTICE AND PRCOEDURE – application for strike out of amended statement of claim – application granted with leave to re-plead – application for security for costs pursuant to s 1335 of the Corporations Act 2001 (Cth) – application dismissed – where applicant may be unable to pay costs due to alleged wrongful conduct – where applicant has…
Judge: JACKMAN J - 27 Mar 2025:
DC Rd DC Pty Ltd v Zhang (No 4) [2025] FCA 319
PRACTICE AND PROCEDURE – application for review of reasons for decision and orders of a Registrar in relation to subpoena – application for orders for production of documents within specific date range – where proceedings concern alleged misappropriation of funds following a property transaction – where subpoenas seek access to bank statements in…
Judge: JACKMAN J - 3 Apr 2025:
Belmont Park Investments Pty Ltd v Fitch Ratings, Inc [2025] FCA 318
PRACTICE AND PROCEDURE – application for summary dismissal or strike out of claims on the basis that relief sought is time-barred – claims subject of application for damages under ss 1041I(1) and 1325(2) of the Corporations Act 2001 (Cth) – whether court is satisfied that the applicants have “no reasonable prospect of successfully prosecuting” the …
Judge: JACKMAN 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
