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 Jul 2024:
Capral Limited v Insurance Australia Limited t/as CGU Insurance [2024] FCA 775
INSURANCE - general products and liability policy - where applicant sold defective aluminium plate to customers who incorporated that plate into marine vessels - whether subsequent claims by customers were for property damage - where property damage relevantly defined as physical injury to tangible property - separate question answered in favour…
Judge: Jackman J - 16 Jul 2024:
ACN 656 077 020 Pty Ltd v Li [2024] FCA 770
PRACTICE AND PROCEDURE - application by a sole director to represent a company where director is not a lawyer - application dismissed
Judge: Dowling J - 15 Jul 2024:
Chu v Lin, in the matter of Gold Stone Capital Pty Ltd (Trial Judgment) [2024] FCA 766
TRUSTS AND TRUSTEES - breach of trust - where plaintiffs invested in secured income mortgage fund for purpose of obtaining a significant investor visa - where fund's constitution required loans to be secured by a mortgage - where fund issued unsecured loans - where loans procured a third party's involvement in a project in which the defendants had …
Judge: Jackman J - 12 Jul 2024:
Cirrus Real Time Processing Systems Pty Limited v Hawker Pacific Pty Ltd [2024] FCA 763
CONTRACTS - formation - where parties engaged in negotiations - where respondents "committed" to subcontract the applicant if successful tenderer for work from New Zealand Defence Force - where respondents ultimately subcontracted a third party to perform relevant work - whether parties reached consensus on terms of subcontract - whether alleged…
Judge: Kennett J - 12 Jul 2024:
East Rockingham RRF Project Co Pty Ltd as Trustee for the East Rockingham RRF Project Trust v Acciona Construction Australia Pty Ltd [2024] 759
PRACTICE AND PROCEDURE - summary judgment - strike out - suppression and non-publication - concise statement method - mandatory interlocutory injunction - without prejudice privilege EQUITY - mandatory injunction for performance or specific performance of a contractual term - adequacy of damages - readiness and willingness - dependency of…
Judge: Feutrill J - 10 Jul 2024:
Australian Securities and Investments Commission v Firstmac Limited [2024] FCA 737
CORPORATIONS - alleged contraventions of s994E(3) of the Corporations Act 2001 (Cth) concerning design and distribution obligations relating to financial products for retail clients - meaning of "reasonable steps" - meaning of "would have resulted in, or would have been reasonably likely to have resulted in..." - whether reasonable steps must be…
Judge: Downes J - 9 Jul 2024:
Karis v Digital CC Management Pty Ltd (No 3) [2024] FCA 738
PRACTICE AND PROCEDURE - application for summary judgment, to strike out pleadings and for security for costs - where a number of factual and legal issues require determination - where claim based on a series of representations said to be conduct within s 18 of the Australian Consumer Law - where evidence relating to two alleged representations is …
Judge: Banks-smith J - 8 Jul 2024:
Kazar (liquidator) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) (No 2) [2024] FCA 735
PRACTICE AND PROCEDURE -- Application for ex parte freezing orders pursuant to s 1323(1) of the Corporations Act 2001 (Cth) -- interim orders sought pursuant to s 1323 (3) of the Act together with ancillary orders -- application for interim and ancillary orders granted
Judge: Goodman J - 5 Jul 2024:
Chen v Insight Investment Management Pty Ltd [2024] FCA 719
PRACTICE AND PROCEDURE - application for freezing order - whether the applicants have a good arguable case - whether there is a risk of dissipation of assets by the respondents - application for ancillary order detailing assets of the respondents - whether ancillary order is available if no freezing order is made
Judge: Neskovcin J - 4 Jul 2024:
Australian Securities and Investments Commission v PayPal Australia Pty Limited [2024] FCA 762
CORPORATIONS - unfair contract terms - where the respondent included a term to the effect that the user of its services had 60 days to notify the respondent in writing of any fee error and that, if the user did not notify the respondent within that time, the respondent would have no obligation to correct the error - where ASIC commenced a…
Judge: Moshinsky 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.
