Commercial & Corporations

About this NPA

The Commercial and Corporations National Practice Area (NPA) covers commercial and corporations disputes within federal jurisdiction.

This NPA consists of six Sub-areas and each has a dedicated webpage for specific information about proceedings in those Sub-areas:

17 Oct 2019: Bupa HI Pty Ltd v Chang [2019] FCAFC 180
HEALTH LAW - proper interpretation and application of Medicare Benefits Schedule - claim by private health insurer under the Australian Consumer Law against ophthalmologist and his service company in respect of allegedly overpaid amounts - primary judge dismissed insurer's claim - appeal dismissed CONTRACT - whether insurer formed a "reasonable…
Judge: Gleeson, O'Callaghan and Jackson JJ
16 Oct 2019: Bonham as trustee for the Aucham Super Fund v Iluka Resources Ltd (Security for Costs) [2019] FCA 1693
PRACTICE AND PROCEDURE - application to provide security for Respondent's future costs by providing deeds of indemnity issued by insurance or reinsurance companies - where quantum of future costs agreed during course of hearing - application to replace earlier sum paid into Court by way of security for Respondent's costs with deed of indemnity…
Judge: Perram J
16 Oct 2019: Commonwealth of Australia v Essendon Airport Pty Ltd (No 2) [2019] FCA 1694
COSTS - whether costs should follow the event - where the Court did not wholly accept the submissions of either party - where it was claimed that the conduct of the successful party caused the unsuccessful party to incur additional costs - where the decision of the Court did not align with the valuation position put by either party - whether the…
Judge: Steward J

11 Jul 2019: An Australian international commercial court - Not a bad idea or what a bad idea?
Presented at the Australian Bar Association’s Convergence 2019 Conference by Justice Colvin.
28 Jun 2019: Case management & insolvency: matching rhetoric & reality
Justice Lee details the development of active case management in both Australia and overseas and discusses how the increased emphasis placed on the use of referees and referee reports as a ‘case management tool’ identifies a need for insolvency
10 May 2019: Judicial cooperation in cross-border insolvency
Presented at the UNCCA Fifth Annual May Seminar, Canberra, by Justice Gleeson

Central Practice Note (CPN-1)
Commercial and Corporations Practice Note (C&C-1)
- Schedule 1: General and Personal Insolvency
- Schedule 2: Corporations and Corporate Insolvency
- Schedule 3: International Commercial Arbitration
Class Actions Practice Note (GPN-CA)

Forms:	Form 15 - Originating application Either Form 17 - Statement of claim OR NCF1 Concise statement Form 59 - Affidavit
Rules:	Federal Court Rules 8.01(1) , 8.04(1), 8.05(1)(a) and 29.02(1)

Specific forms, rules and other information applicable to each of the Sub-areas are set out on the individual Sub-area webpages.