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)
- 17 Sep 2021:
Insurance Australia Ltd trading as CGU Insurance v MOS Beverages Pty Ltd  FCAFC 165
INSURANCE -- appeal from a declaration made by Federal Court in a proceeding for indemnity under a policy of insurance -- where respondent owned goods damaged by fire at insured premises -- where primary judge concluded that on proper construction of "Interests of Other Parties" clause, respondent is entitled to indemnity as third party…
Judge: Besanko, McKerracher and Derrington JJ
- 17 Sep 2021:
AAI Limited trading as Vero Insurance v Technology Swiss Pty Ltd  FCAFC 168
INSURANCE - subrogation and recoupment - whether and to what extent insurer entitled to recoup from proceeds of third party claim - where insurer paid global sum to insured in settlement of claim on policy of indemnity - whether terms of settlement deed revealed mutual intention that part or all of sum was in respect of loss for which insured…
Judge: Perram, Jagot and Derrington JJ
- 16 Sep 2021:
Avant Insurance Limited v Darshn  FCA 1129
PRACTICE AND PROCEDURE - appeal - interlocutory application for stay pursuant to s 29 of the Federal Court Australia Act 1976 (Cth) of orders made in the primary proceeding for the payment of money - where the primary judge found the appellant liable to indemnify the first respondent under a policy of insurance - where the primary judge found the…
Judge: Yates J
- 16 Sep 2021:
Monarch Advisory Group Pty Ltd v Puxty (No 3)  FCA 1120
COSTS - application for costs of two interlocutory applications to be paid on an indemnity basis - where applicant successful in both applications - whether respondents' conduct caused loss of time to the Court and to other parties - whether respondents pressed applications in wilful disregard of known facts or clearly established law - whether…
Judge: Markovic J
- 14 Sep 2021:
Getakate Pty Ltd v Beniki Finance Pty Ltd (formerly LSP Finance Pty Ltd)  FCA 1118
CONTRACT - consideration of an application for an order under the Personal Property Securities Act 2009 (Cth) requiring the Registrar to register a financing change statement amending the registration of a security interest, under s 182(4) of that Act
Judge: Greenwood J
- 7 Sep 2021:
Rentokil Initial Pty Ltd v Kelly  FCA 1119
PRACTICE AND PROCEDURE - urgent application for freezing orders and ancillary orders - where first respondent was formerly employed by applicant company - where first respondent is sole director and shareholder of the second and third respondents - where applicant alleges the respondents defrauded it of approximately $3.2 million through the…
Judge: Cheeseman J
- 3 Sep 2021:
Masters v Lombe (liquidator), in the matter of Babcock & Brown Limited (in liq)  FCAFC 161
CORPORATIONS - continuous disclosure obligations under s 674 of Corporations Act 2001 (Cth) - application of ASX listing rules 3.1 and 3.1A - non-disclosure of material information - shareholders' claims for damages under s 1317HA of Corporations Act - debts or claims provable in winding up - rejection of proofs of debt - appeals to the primary…
Judge: Middleton, Beach and Colvin JJ
- 31 Aug 2021:
Melwani v Touch Gold Enterprises Pty Ltd (No 2)  FCA 1029
DISCOVERY - application for particular discovery - where two previous orders for discovery have been made - where the particular discovery sought coincided with previous orders for discovery - where the respondents' affidavit verifying previous discovery did not comply with r 20.17 of the Federal Court Rules 2011 (Cth) - orders made for the…
Judge: Wheelahan J
- 27 Aug 2021:
Seven Network v Cricket Australia (No 2)  FCA 1032
PRACTICE AND PROCEDURE - whether non-party is entitled to inspect documents pursuant to r 2.32 of the Federal Court Rules 2011 (Cth) - whether granting access to restricted documents would do irreparable harm to a party's commercial interests - request for access granted, subject to making of confidentiality order pursuant to s 37AF of the Federal …
Judge: Anastassiou J
- 27 Aug 2021:
Seven Network v Cricket Australia  FCA 1031
PRACTICE AND PROCEDURE - preliminary discovery application pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) - whether Federal Court of Australia has jurisdiction to hear and determine prospective proceeding - whether there is a matter that arises under federal law or a right, duty or obligation that owes its existence to federal law or…
Judge: Anastassiou 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.