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)
- 27 Jun 2022:
Australian Securities and Investments Commission v BHF Solutions Pty Ltd  FCAFC 108
CONSUMER LAW - consumer credit - alleged contraventions of the National Consumer Credit Protection Act 2009 (Cth) (Act) and the National Credit Code in Sch 1 of the Act - prohibition on engaging in credit activity without an Australian credit licence - where second respondent provided loan application services to applicants for credit and first…
Judge: Besanko, Lee and O'Bryan JJ
- 23 Jun 2022:
New Aim Pty ltd v Leung  FCA 722
EQUITY - confidential information - use of confidential information subject to claimed equitable obligation- requirement to specify the information - whether information is required to be a trade secret - WeChat list of contacts maintained on employee personal mobile phone - whether use of confidential information in breach of contract - whether…
Judge: McElwaine J
- 17 Jun 2022:
Garner v Central Innovation Pty Limited  FCA 711
PRACTICE AND PROCEDURE - order for costs on appeal to be fixed - funds paid into Court as security for costs be paid to the respondents
Judge: Halley J
- 17 Jun 2022:
Zurich Australian Insurance Ltd v Atradius Credito Y Caucion S.A. De Seguros Y Reaseguros  FCA 709
HIGH COURT AND FEDERAL COURT - federal jurisdiction - dispute as to jurisdiction of Federal Circuit and Family Court of Australia (Div 2) and Federal Court of Australia in relation to claim for co-insurance - consideration of transfer powers in s 32AC of the Federal Court of Australia Act 1976 (Cth) and s 153 of the Federal Circuit and Family…
Judge: Allsop CJ
- 17 Jun 2022:
Davaria Pty Limited v 7-Eleven Stores Pty Ltd (No 12)  FCA 699
REPRESENTATIVE PROCEEDINGS - settlement of representative proceedings - oral application - where litigation funder sought an interim payment out of the settlement sum - where application for an interim payment made after hearing of settlement approval application - where no provision for interim payment made in settlement schemes - whether s…
Judge: O'Callaghan J
- 15 Jun 2022:
GDP Group Pty Ltd v Saye  FCA 688
PRACTICE AND PROCEDURE - application for review of decision of registrar granting preliminary discovery pursuant to r 7.23 Federal Court Rules 2011 (Cth) - evidence did not demonstrate reasonable belief that prospective applicants may have a right to obtain relief - whether prospective applicants made reasonable inquiries with a view to obtaining…
Judge: Downes J
- 14 Jun 2022:
Wiswell v Marine Industrial Developments Pty Ltd, in the matter of Marine Industrial Developments Pty Ltd  FCA 695
PRACTICE AND PROCEDURE - Application for leave to discontinue proceeding against the second defendant with no order as to costs - r 26.12 of the Federal Court Rules 2011 (Cth) - where second defendant failed to appear at the resumption of a mediation and thereafter failed to participate in the proceeding - application granted.
Judge: Goodman J
- 13 Jun 2022:
Karis v Digital CC Management Pty Ltd  FCA 685
PRIVATE INTERNATIONAL LAW - urgent ex parte interlocutory application for the grant of an anti-suit injunction in relation to proceedings commenced in the District Court of Massachusetts in the United States of America - bitcoin trading business - falling out between former proponents of business - alleged agreements included term that agreements…
Judge: Banks-smith J
- 10 Jun 2022:
Hamilton v Meta Platforms, Inc (Service out of Jurisdiction)  FCA 681
PRACTICE AND PROCEDURE - service - ex parte interlocutory application to serve respondents in the United States of America pursuant to rr 10.42, 10.43(2) and 10.44(1) of the Federal Court Rules 2011 (Cth) - where proceedings are representative proceedings which include claims for relief in respect of alleged contravention of provisions in Part IV…
Judge: Cheeseman J
- 8 Jun 2022:
Jonsson, in the matter of Hooper Holdings Pty Ltd v Hooper Holdings Pty Ltd (No 2)  FCA 664
COSTS - consideration of the order to be made in final disposition of the matter and, as a consequence, the order to be made in relation to costs
Judge: Greenwood 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.