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)
- 4 Jan 2022:
Fairfield Pastoral Holdings Pty Ltd v Ridge Estate Pty Ltd (No 4)  FCA 1
CONSUMER LAW - claim of misleading and deceptive conduct pursuant to s 18 of the Australian Consumer Law arising out of a failed business venture - proposed consultancy agreement between the principal parties never executed but parties acted on the basis of the underlying arrangement - whether the consultant made false or misleading…
Judge: White J
- 22 Dec 2021:
Stuart v Rabobank Australia Ltd (No 2)  FCA 1626
COSTS - application for indemnity costs by respondent - where respondent wholly successful in the proceedings and cross-claim - whether special or unusual features present to depart from r 40.01 of the Federal Court Rules 2011 (Cth) - where credit terms provided contractual entitlement to indemnity costs - whether indemnity costs clauses plainly…
Judge: Halley J
- 22 Dec 2021:
Virtual IT Services Pty Ltd v Hamilton  FCA 1637
CORPORATIONS - application for further interim injunctive relief - whether there is a prima facie case that post-employment restraints apply and are enforceable and/or that confidentiality provisions have been breached - whether the balance of convenience favours the granting of relief
Judge: Yates J
- 22 Dec 2021:
Wallace (Liquidator), in the matter of Avestra Asset Management Ltd (In Liq) v Dempsey  FCA 1643
CORPORATIONS - consideration of an application under Rules 8.21(1)(c) and (d) of the Federal Court Rules 2011 (Cth) for leave to amend the title of the proceedings to properly describe the applicant/plaintiff as the company in liquidation rather than a proceeding in the name of the liquidators in their capacity as liquidators of the company in…
Judge: Greenwood J
- 21 Dec 2021:
Camm Cattle Company Pty Ltd v Acumen Finance Pty Ltd (No 3)  FCA 1611
COSTS - order for indemnity costs sought by applicants following trial - where offer to compromise made by applicants prior to commencement of proceedings - where unreasonable for respondent not to accept offer - costs ordered on the indemnity basis - whether costs should be awarded in lump sum
Judge: Downes J
- 17 Dec 2021:
Gordian RunOff Limited, in the matter of Gordian RunOff Limited (No 2)  FCA 1632
INSURANCE - scheme for transfer of insurance business - application to Court for confirmation of scheme pursuant to Division 3A of Part III of the Insurance Act 1973 (Cth) - scheme confirmed without modification
Judge: Allsop CJ
- 15 Dec 2021:
Camm Cattle Company Pty Ltd v Acumen Finance Pty Ltd (No 2)  FCA 1570
CONTRACTS - whether submission of online application and terms and conditions on website constituted acceptance of an offer - whether offer made by financial services provider on website was sufficiently certain to be capable of acceptance - whether financial services provider had intention to create legal relations as at time of submission of…
Judge: Downes J
- 14 Dec 2021:
Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd  FCA 1579
PRACTICE AND PROCEDURE - application for leave to file a notice and statement of cross-claim - order granted - application for interlocutory relief - where the cross-claim seeks relief broadly the same as that sought by the interlocutory application - examination of whether prima facie case sufficient to warrant relief having regard to the balance …
Judge: Thawley J
- 13 Dec 2021:
Registered Clubs Association of New South Wales v Stolz (No 3)  FCA 1557
COSTS - application for costs of interlocutory application in which the applicant had mixed success
Judge: Yates J
- 8 Dec 2021:
Alexiou v Australia and New Zealand Banking Group Limited (Notice to Produce)  FCA 1538
PRIVILEGE - legal professional privilege ('LPP') - application for production of solicitors' file notes - whether file notes subject to LPP - applicability of joint or common interest privilege
Judge: Perram 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.