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
The Insurance List was established within this sub-area in 2016. 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 Senior Insurance List Judges, with substantive matters to be heard by those judges or otherwise allocated to a judge in the NPA sub-area.
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 listing days and times for the Insurance List are currently determined by a Senior Insurance List Judge on an as required basis.
Senior Insurance List Judges
Justice Derrington
Justice Jackman
Insurance List Registrar
Judicial Registrar Farrell
Insurance Schemes
Practitioners seeking interlocutory and final hearing dates relating to schemes concerning the transfer of insurance or life insurance businesses may contact the National Operations Registry at NORTeam@fedcourt.gov.au to obtain potential hearing dates before the Senior Insurance List Judge or another judge before the filing of an application.
User Group
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.
See also Insurance List for Short Matters.
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
- 24 Dec 2024:
Fine China Capital Investment Limited, in the matter of Fine China Capital Investment Limited [2024] FCA 1523
PRACTICE AND PROCEDURE - application for leave to join a second respondent pursuant to r 9.05 of the Federal Court Rules 2011 (Cth) - leave granted - application for security for costs pursuant to s 56 of the Federal Court of Australia Act 1976 (Cth) and s1335 of the Corporations Act 2001 (Cth) - foreign corporation - application granted
Judge: Neskovcin J - 20 Dec 2024:
TJ & P Pty Ltd as trustee for the Post Family Trust v Agrinova Pty Ltd (No 2) [2024] FCA 1496
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 licences or shares held by the respondent, and for ancillary orders - orders sought on the basis of contended diminution of the respondent's net asset position -…
Judge: Goodman J - 19 Dec 2024:
Tour v Australia and New Zealand Banking Group Ltd [2024] FCA 1513
CORPORATIONS - finance industry class action - claims concerning the retrospective charging of interest under credit card contracts - settlement of proceeding - approval of settlement under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) - distribution orders under s 33V(2)
Judge: Beach J - 18 Dec 2024:
Masters v Lombe (Liquidator), in the matter of Babcock & Brown Limited (in liq) [2024] FCA 1519
PRACTICE AND PROCEDURE - stay application - no question of principle - application dismissed
Judge: Shariff J - 18 Dec 2024:
Liebherr-Australia Pty Ltd v LEQ2 Pty Ltd, in the matter of LEQ2 Pty Ltd [2024] FCA 1484
CORPORATIONS - application under s 588FM of the Corporations Act 2001 (Cth) to fix later time for registration of certain security interests - application for relief under s 293 of the Personal Property Securities Act 2009 (Cth) - orders made
Judge: Shariff J - 18 Dec 2024:
J&J Richards Super Pty Ltd ATF The J&J Richards Superannuation Fund v Nielsen [2024] FCA 1472
INSURANCE - third party claims by investors pursuant to the Civil Liability (Third Party Claims against Insurers) Act 2017 (NSW) against insurer that provided directors and officers liability insurance to a now insolvent company - proceeding brought by applicant on its own behalf and on behalf of group members - where partial settlement of…
Judge: Halley J - 17 Dec 2024:
Carter v Chubb Insurance Australia Ltd (No 2) [2024] FCA 1464
PRACTICE AND PROCEDURE - judgments and orders - application for pre-judgment interest - whether unexplained delay constitutes "good cause" in exercising discretion not to order interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) prior to filing of cross claim - "good cause" shown
Judge: Halley J - 16 Dec 2024:
Osborne v Wilcre Investments, in the matter of New Emerald Energy Pty Ltd (in liq) [2024] FCA 1453
CORPORATIONS - application under s 447A of the Corporations Act 2001 (Cth) for orders that Part 5.3A of the Act operate in relation to a company in administration as if the deed of company arrangement (DOCA) had not terminated and as if the DOCA had been varied in accordance with a proposed amended DOCA - orders made substantially in the form…
Judge: Goodman J - 13 Dec 2024:
Husseini v Girchow Enterprises Pty Ltd (Costs) [2024] FCAFC 165
COSTS - costs in the primary proceeding following successful appeal - indemnity principle - other issues of contest - whether to remit issues to the primary judge - issue to be dealt with on taxation
Judge: Sarah C Derrington, Stewart and Feutrill JJ - 13 Dec 2024:
Pennytel Australia Pty Limited v Engelke, in the matter of Pennytel Australia Pty Limited (Objection to Subpoena) [2024] FCA 1441
PRACTICE AND PROCEDURE - Where objections made to compliance with subpoena pursuant to Telecommunications (Interception and Access) Act 1979 Commonwealth (Cth) - Where objections took the form of a letter to the Registry - Inappropriateness of such an approach - r 24.17(4) of the Federal Court Rules 2011 (Cth) and practice note "Subpoenas and…
Judge: Needham 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.
