Commercial Contracts, Banking, Finance and Insurance Sub-area NPA logo with link NPA logo with link

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

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.

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.

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:

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:

Rules:

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).

Latest Judgments

  • 12 May 2021: Hillier v Martin (No 2) [2021] FCA 509
    PRACTICE AND PROCEDURE - application for disqualification on grounds of apprehended bias - presiding judge having access to extraneous materials - extraneous materials subject to a claim of legal professional privilege of a non-party - extraneous materials said to be directly relevant to facts to be determined in the proceedings and otherwise…
    Judge: Charlesworth J
  • 10 May 2021: Selvaratnam v St George - A Division of Westpac Banking Corporation (No 2) [2021] FCA 486
    PRACTICE AND PROCEDURE - application by the respondent to file a cross-claim and amended defence - where respondent sought to bring the cross-claim so that the hearing of the proceeding can determine finally all disputes - suitable explanation from the respondent as to why the cross-claim had not been filed earlier - where proposed amended defence …
    Judge: Stewart J
  • 3 May 2021: Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 9) [2021] FCA 473
    PRACTICE AND PROCEDURE - Application for advance ruling under s 192A of the Evidence Act 1995 (Cth) - where extensive and voluminous objections made to the applicants' lay evidence on the basis of relevance - where the parties are 13 weeks from trial and the applicants' lay evidence is not yet complete - finalisation of the common questions…
    Judge: Middleton J
  • 3 May 2021: Freedom Foods Pty Ltd v Blue Diamond Growers [2021] FCA 461
    PRACTICE AND PROCEDURE - application for security for costs in an application for leave to appeal and an appeal, should leave be granted - where applicants have minimal assets - where parent company of applicants is undergoing recapitalisation - where parent is liable for applicants' debts pursuant to a deed of cross-guarantee - whether there is…
    Judge: Allsop CJ
  • 30 Apr 2021: Davaria Pty Limited v 7-Eleven Stores Pty Limited [2021] FCA 450
    PRACTICE AND PROCEDURE - costs - application for leave to appeal - where applicants filed applications for leave to appeal from interlocutory decision before reasons for judgment were available - where, after receiving and reviewing the reasons for judgment, the applicants discontinued their applications for leave to appeal - whether to depart…
    Judge: Moshinsky J
  • 30 Apr 2021: Francis (Trustee) v Oculus Accounting Pty Ltd [2021] FCA 448
    PRACTICE AND PROCEDURE - application by director for leave to appear for company in proceedings - insufficient evidence of financial ability of company and those who stand behind it to fund the litigation - no evidence of director's authority to make application on behalf of the company - director's lack of ability to conduct complex litigation -…
    Judge: Derrington J
  • 30 Apr 2021: MetLife Insurance Ltd v Hart [2021] FCA 410
    SUPERANNUATION - decision of Superannuation Complaints Tribunal setting aside "constructive rejection" of claim - where Tribunal failed to address the correct questions as to whether a rejection had occurred - where Tribunal failed to apply deed of cessation of cover in relation to historic TPD claim - where Tribunal failed to correctly apply…
    Judge: Derrington J
  • 23 Apr 2021: Freedom Foods Pty Ltd v Blue Diamond Growers (No 2) [2021] FCA 409
    PRACTICE AND PROCEDURE - costs - international arbitration - where respondent sought stay of the proceeding pursuant to s 7(2) of the International Arbitration Act 1974 (Cth) - where stay granted - where respondent substantially successful - whether to depart from ordinary rule that costs follow the event
    Judge: Moshinsky J
  • 22 Apr 2021: Asaleo Care Limited, in the matter of Asaleo Care Limited [2021] FCA 406
    CORPORATIONS - scheme of arrangement - application under s 411(1) of the Corporations Act 2001 (Cth) to convene a meeting to consider a proposed scheme of arrangement by transfer of shares - performance risk - break fee - exclusivity - special dividend - director recommendation - orders made
    Judge: Banks-smith J
  • 21 Apr 2021: Technology Swiss Pty Ltd v AAI Limited trading as Vero Insurance (No 2) [2021] FCA 393
    COSTS - where applicant partially successful in proceedings - where applicant provided Calderbank Offers - whether indemnity costs should be awarded REMEDIES - declarations - where defendant insurer has rights of recoupment and subrogation in respect of moneys paid by it to the applicant by way of indemnity under insurance policy - where funds…
    Judge: Allsop CJ

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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.