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
- 17 Apr 2024:
Primary Securities Ltd as Trustee of the Baker Partners Founders Fund v Warburton [2024] FCA 382
CORPORATIONS - application for directions by trustee - whether trustee justified in continuing or commencing proceeding against certain respondents and discontinuing proceeding against other respondents - claims for alleged receipt of misappropriated property - commercial trustee - opinion of counsel tendered - directions given
Judge: Jackson J - 15 Apr 2024:
AustCorp Consulting Pty Limited v Callaghan (No 2) [2024] FCA 367
COSTS - determination of appropriate costs order - review of Registrar's decision to grant preliminary discovery - where on review prospective respondents unsuccessfully opposed preliminary discovery being granted - where prospective respondents achieved partial success in limiting the scope of some categories of documents to be discovered
Judge: Yates J - 12 Apr 2024:
Australian Securities and Investments Commission v Blumenthal [2024] FCA 384
CORPORATIONS - where parties jointly seek agreed declarations and penalty orders in relation to admitted contraventions of the Corporations Act 2001 (Cth) - where contravening conduct concerned breaches by the defendant of his directors' duties and provision preventing a person from creating a false or misleading appearance of active trading -…
Judge: Stewart J - 12 Apr 2024:
Scordo v Commonwealth Bank of Australia [2024] FCA 359
PRACTICE AND PROCEDURE - application for review of a decision of a Registrar pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) (the Act) and for recusal - where the Registrar determined competing summary judgment applications - where the Registrar summarily dismissed the proceeding as disclosing no reasonable cause of action…
Judge: Button J - 11 Apr 2024:
Clarence City Council v Commonwealth of Australia (costs) [2024] FCAFC 47
COSTS - costs of appeal - where unsuccessful appellants successful on an issue raised by notices of contention - whether appropriate to apportion costs on an issue basis - whether a discrete issue
Judge: Markovic, Stewart and Anderson JJ - 5 Apr 2024:
P.T. Limited (trustee), in the matter of Pinelake Ribbon Retail Pty Limited [2024] FCA 355
CORPORATIONS - application pursuant to s 588FM of the Corporations Act 2001 (Cth) (Act) for fixing of time in respect of registration of securities interest where failure to register was accidental or inadvertent - triggering of "later time" under s 588FL(2)(b)(iv) of the Act - orders made
Judge: Halley J - 3 Apr 2024:
TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd [2024] FCA 318
PRACTICE AND PROCEDURE - application for an interlocutory order preventing the respondent from disposing of any of the proceeds of sale of any disposition of real property, water allocation licences or shares held by the respondent, and other orders - absence of inconvenience to the respondent an insufficient basis for the making of such orders -…
Judge: Goodman J - 26 Mar 2024:
Bolin Technology Co Ltd v BirdDog Technology Ltd [2024] FCA 286
PRACTICE AND PROCEDURE - where respondent in Federal Court proceeding has filed proceedings in the United States (US Proceeding) - where respondent seeks a permanent or temporary stay of Federal Court proceeding on the basis that this Court is a clearly inappropriate forum - where connecting factors and legitimate personal or juridical advantages…
Judge: Anderson J - 22 Mar 2024:
Wyer v International Capital Markets Pty Ltd [2024] FCA 284
PRACTICE AND PROCEDURE - service out of the jurisdiction - substituted service - where the applicant claims it is not possible to serve the second respondent in the United Arab Emirates in accordance with a convention, the Hague Convention or the law of the United Arab Emirates - orders for substituted service and related orders made
Judge: O'Bryan J - 22 Mar 2024:
Bain v International Capital Markets Pty Ltd [2024] FCA 283
PRACTICE AND PROCEDURE - service out of the jurisdiction - substituted service - where the applicant claims it is not possible to serve the second respondent in the United Arab Emirates in accordance with a convention, the Hague Convention or the law of the
Judge: O'Bryan 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.