Commercial Contracts, Banking, Finance and Insurance Sub-area
About this Sub-Area
This Sub-area includes matters relating to:
- commercial contracts
- commercial transactional disputes.
Chief Justice Allsop established the Insurance List within this sub-area in 2016. Until 2022, the Chief Justice conducted all initial case management hearings and heard and disposed of the majority of the matters in the Insurance List. 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 a Senior Insurance List Judge, with substantive matters to be heard by the Senior Insurance List Judge or otherwise allocated to a judge from a specialised group of Insurance List Sub-Area Judges.
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 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. The current members of the User Group are:
Insurance Sub-area Judges
Insurance List Registrars
Judicial Registrar Farrell
Judicial Registrar Priestley
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:
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:
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)
- 21 Sep 2023:
Raffin v Modern Assets Australia Pty Ltd  FCA 1130
COSTS - review of Registrar's orders that costs of interlocutory application be paid forthwith - whether costs should be paid forthwith - whether to award indemnity costs - order that costs be paid forthwith on a party and party basis
Judge: McEvoy J
- 8 Sep 2023:
Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 4)  FCA 1066
PRACTICE AND PROCEDURE - Application for extension of time for the provision of security for costs - where applicants' evidence is unsatisfactory - where inadequate explanation for failure to comply with order to provide security - where insufficient explanation as to the degree of likelihood that security will be complied with within the extended …
Judge: McElwaine J
- 30 Aug 2023:
AHG WA (2015) Pty Ltd v Mercedes-Benz Australia/Pacific Pty Ltd  FCA 1022
CONTRACT - contractual power of non-renewal - scope, ambit and purpose of contractual power - "evergreen" agreements - termination of dealership agreement - issue of non-renewal notices - transition to agency business model - repudiation - whether non-renewal power was exercised for an improper purpose - whether MBAuP has appropriated the…
Judge: Beach J
- 29 Aug 2023:
Veolia Water Australia Pty Ltd v Centennial Springvale Pty Limited (No 2)  FCA 1025
PRACTICE AND PROCEDURE - previous order made for discovery of data concerning samples of water taken from the Springvale and Angus Place mines - documents discovered which contained data from the mines and data from elsewhere - order made requiring the prospective respondents to identify for each identified sampling point whether the data was from …
Judge: Goodman J
- 29 Aug 2023:
Equity Financial Planners Pty Ltd v AMP Financial Planning Pty Ltd (No 2)  FCA 1033
PRACTICE AND PROCEDURE - representative proceeding - form of orders following initial trial - whether declaration relating to contractual breach necessary and appropriate - whether pre-judgment interest on damages should be calculated from date of breach or date of trial - formulation of common questions and answers
Judge: Moshinsky J
- 28 Aug 2023:
Gensco Laboratories, LLC v Care A2 Plus Pty Ltd (receiver appointed)  FCA 1024
PRIVATE INTERNATIONAL LAW - interlocutory application by first and third respondents for the grant of an anti-suit injunction to restrain applicants from commencing or further pursuing proceedings in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida - whether necessary to protect the Court's own processes or…
Judge: Halley J
- 25 Aug 2023:
NobleOak Life Limited v Graham  FCA 1127
INSURANCE - life insurance - application by life company to pay benefit amount into court - whether life company can obtain sufficient discharge for policy - potential application of forfeiture rule - competing claims to benefit amount
Judge: Derrington J
- 22 Aug 2023:
XL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd  FCA 1038
PRACTICE AND PROCEDURE - interlocutory application to stay orders pending an appeal - where applicant seeks stay of declaratory orders - distinction between declaratory and executory orders - where ordinary position is that Court will not stay a declaratory order - no reason to depart from ordinary position - application dismissed
Judge: Lee J
- 22 Aug 2023:
Russell v S3@Raw Pty Ltd (Proper Place)  FCA 1012
PRACTICE AND PROCEDURE - Transfer of proceedings - Proper place - Applicant's solicitor and counsel located in Queensland - Second and Third Respondent residing overseas - Substantial connection to Melbourne - Balance of convenience - Application dismissed
Judge: Meagher J
- 21 Aug 2023:
Aircraft Structural Contractors Pty Ltd v Nauru Air Corporation  FCA 993
PRACTICE AND PROCEDURE - where application for order that costs be payable forthwith - two distinct claims abandoned after 18 months through no fault of the respondent - respondent incurred significant costs to meet those claims - order made as sought
Judge: Downes J
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
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.