Commercial Contracts, Banking, Finance and Insurance Sub-area
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
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:
Senior Insurance List Judge
Jagot J
ChambersJagot@fedcourt.gov.au
Tel: 02 8099 8548 / 02 8099 8398 (Associate/Executive Assistant)
Insurance Sub-area Judges
Allsop CJ
Besanko J
Jagot J
Moshinsky J
O'Callaghan J
Lee J
Derrington J
Colvin J
Stewart J
Anderson J
Goodman J
Feutrill J
Insurance List Registrars
Judicial Registrar Farrell
Judicial Registrar Priestley
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.
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: |
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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: |
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Rules: |
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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).
Legislation
- 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)
Latest Judgments
- 7 Dec 2023:
Ghee v BT Funds Management Limited [2023] FCA 1553
REPRESENTATIVE PROCEEDINGS - application for Court approval of a proposed settlement under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) - whether the proposed settlement is fair and reasonable in the interests of group members to be bound to it including as between group members - power to make a common fund order under s 33V(2) -…
Judge: Murphy J - 1 Dec 2023:
Zurich Australian Insurance Ltd v FKP Commercial Developments Pty Ltd [2023] FCAFC 188
INSURANCE - determination of separate question - leave to appeal - whether relief sought advisory or hypothetical - construction of design and construction professional indemnity insurance policy - whether insuring clause limited to claims for civil liability based on the insureds personal provision of professional services - whether extension to…
Judge: Lee, Stewart and Cheeseman JJ - 24 Nov 2023:
LK Law Pty Ltd v Karas (No 3) [2023] FCA 1464
PRACTICE AND PROCEDURE - application by the respondents for leave to withdraw a plea - r 26.11(2) of the Federal Court Rules 2011 (Cth) - whether the plea benefits the applicants - whether the plea was made in error - to what extent are the applicants prejudiced by the withdrawal of the plea - where leave granted to withdraw plea.
Judge: O'Sullivan J - 23 Nov 2023:
Bluetag Australia Pty Ltd v BCC Trade Credit Pty Ltd trading as Bond and Credit Co [2023] FCA 1459
PRACTICE AND PROCEDURE - application for leave to issue and serve subpoenas to produce documents on two Singaporean corporations - power of the Court to authorise the issue of subpoenas for service on an overseas entity - whether discretion ought to be exercised - application refused
Judge: Stewart J - 23 Nov 2023:
XL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCAFC 183
INSURANCE - indemnity sought pursuant to public and product liability insurance policy - claim in relation to collision of mining equipment with bridge - where parties accepted insuring clause responds to claim - proper construction of "write-backs" to an exclusion clause - where primary judge did not err in finding appellant liable to indemnify…
Judge: Lee, Stewart and Cheeseman JJ - 17 Nov 2023:
Equity Trustees Limited v Tactical Global Management Ltd [2023] FCA 1428
PRACTICE AND PROCEDURE - interlocutory application by respondent and cross-claimant for non-standard discovery pursuant to r 20.15 Federal Court Rules 2011 (Cth) - where discovery sought would impermissibly capture documents irrelevant to issues in proceedings - interlocutory application dismissed
Judge: O'Callaghan J - 16 Nov 2023:
Commens t/as Subsonic Music v Certain Lloyd's Underwriters subscribing to Policy No ALTCNX1900332 [2023] FCA 1434
PRACTICE AND PROCEDURE - interlocutory application for the hearing of separate questions pursuant to r 30.01 of the Federal Court Rules 2011 (Cth) - insurance list - whether there is a risk of conflicting findings on credit - the overarching purpose of the civil practice and procedure provisions favours the making of an order for separate questions
Judge: Jackman J - 16 Nov 2023:
Shirota v Liu [2023] FCA 1429
PRACTICE AND PROCEDURE - interlocutory application for orders ancillary to freezing orders - where the ancillary orders are sought against the former spouse of a respondent - whether there is a good arguable case against that respondent - whether the third party may be required to disgorge assets or contribute to a prospective judgment - whether…
Judge: Jackman J - 16 Nov 2023:
OnePath General Insurance Pty Limited, in the matter of OnePath General Insurance Pty Limited [2023] FCA 1424
CORPORATIONS - application for confirmation of scheme for transfer of insurance business - whether implementation of the scheme will materially detrimentally affect policyholders - where the transferor is in run-off and does not accept new business - where no change will be effected to the policies or the management of claims on those policies -…
Judge: Jackman J - 30 Oct 2023:
AIA Australia Limited, in the matter of AIA Australia Limited (No 2) [2023] FCA 1305
INSURANCE - life insurance - scheme for the transfer of life insurance business - application for confirmation of scheme - relevance of minor non-compliance with orders regarding the publicising of the scheme - no material non-compliance - whether scheme is for the benefit of policy owners - policy owners not adversely affected by the…
Judge: Derrington J
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