Commercial Contracts, Banking, Finance and Insurance Sub-area
About this Sub-Area
This Sub-area includes matters relating to:
- commercial contracts
- commercial transactional disputes.
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.
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)
- 29 Oct 2020:
General Trade Industries Pty Ltd (in liquidation) v AGL Energy Limited  FCA 1562
PRACTICE AND PROCEDURE - security for costs - applicant in proceedings being wound up - whether order for security would stifle action - whether those who stand behind the company and would benefit from the litigation are without means - whether respondent caused applicant's impecuniosity - cause of applicant's impecuniosity not relevant where…
Judge: Derrington J
- 29 Oct 2020:
Findex Group Limited v McKay  FCAFC 182
PRACTICE AND PROCEDURE - whether the appellants sought to advance submissions not advanced below and which depart from the manner in which the case was run before the primary judge - arguments now put by the appellants on appeal raise matters not developed to same extent below - no objection to appeal in respondent's written submissions - no…
Judge: Markovic, Banks-smith and Anderson JJ
- 21 Oct 2020:
Janbar Pty Ltd v Arborcrest Pty Ltd  FCA 1519
CONTRACTS - breach of implied statutory warranties under s 32(2) of the Building Work Contractors Act 1995 (SA) - consideration of the jurisdiction of the Federal Court of Australia under s 40 - whether window and door system installation was fit for purpose under s 32(2)(f) - apportionment of liability and contributory negligence. CONSUMER LAW -…
Judge: White J
- 19 Oct 2020:
Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch trading as Liberty Specialty Markets  FCA 1493
INSURANCE - claims for indemnity by construction company under two insurance policies in relation to structural damage to Opal Tower - where applicant declared construction contracts commenced during period of insurance - where incident occurred after practical completion of project but during defects liability period - whether applicant's…
Judge: Lee J
- 7 Oct 2020:
Vault Intelligence Limited, in the matter of Vault Intelligence Limited (No 2)  FCA 1504
CORPORATIONS - members' scheme of arrangement -order sought under s 411(4)(b) of the Corporations Act 2001 (Cth) approving scheme of arrangement - approval given
Judge: O'Bryan J
- 2 Oct 2020:
Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 7)  FCA 1487
PRACTICE AND PROCEDURE - Federal Court of Australia - class action or representative proceedings - application for separate determination of question of whether ss 33V, 33Z or 33ZF of the Federal Court of Australia Act 1976 (Cth) authorise the making of a common fund order at settlement or determination of proceeding - removal of separate question …
Judge: Middleton J
- 2 Oct 2020:
Spotlight Pty Ltd v Mehta  FCA 1422
PRIVILEGE - claims by the first and second respondents to the substantive proceeding, objecting to or seeking dispensation from compliance with discovery obligations including those under rule 20.17(2)(b) of the Federal Court Rules 2011 (Cth) on the grounds of penalty privilege and privilege against self-incrimination - where confidential…
Judge: Bromwich J
- 28 Sep 2020:
JPM Lawyers Pty Ltd v Barfly's Nominees Pty Ltd  FCA 1404
PRACTICE & PROCEDURE - sum of money payable on settlement of legal proceedings - dispute over amounts due to legal practitioners - application for order that part of settlement monies be paid into Court pending determination of amount due to
Judge: O'Bryan J
- 28 Sep 2020:
Brown v Hannover Life Re of Australasia Ltd  FCA 1391
INSURANCE - Insurance Contracts Act 1984 (Cth) - interest on claims - where insurer liable to pay to a person an amount under a contract of insurance - whether insurer liable to pay interest on the amount to that person - period in respect of which interest payable - date from which unreasonable for insurer to have withheld payment of the amount
Judge: Allsop CJ
- 25 Sep 2020:
Brehm v Stretch Studio Aus Pty Limited  FCA 1381
PRACTICE AND PROCEDURE - application for security for costs - where applicant in the primary proceeding is not ordinarily resident in Australia - where amount to be provided for security is contested
Judge: Yates 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.