NEWS

Insurance lists for short matters – National Court Framework Reform

The Federal Court of Australia has a National Court Framework (NCF) that outlines the Court’s continuing attention to develop and engage in more effective practices, to create greater efficiency and more cost-effective avenues to resolve disputes.

Introduction of the Insurance List

One of the reforms in 2016 includes the Court establishing an Insurance list for short matters as a means of providing the commercial insurance community an opportunity to promptly and discreetly resolve legal issues without the need to attend hearings. The insurance list is generated for matters that usually arise under the Insurance Contracts Act 1984 (Cth) predominately involving policy interpretation and the application of the legislation within the Commercial Contracts, Banking, Finance and Insurance sub-area of the Commercial and Corporations National Practice Area.

Purpose of the Insurance List  

The insurance list will provide a platform for questions relating to the construction of policies or questions of law and is designed to be an efficient process which does not exceed two hours in an attempt to resolve disputes. The aim of the list is not necessarily to resolve the matter in its entirety but rather to create an opportunity to resolve the matter by agreement or mediation. Through the introduction of the insurance list, the Federal Court seeks to provide a more streamlined method of policy interpretation which focuses particularly on wording and pricing of policies.

Commencement of Insurance List

The insurance list will commence in the following registries beginning at 12pm and concluding at 5pm on the below dates:

Melbourne: 10, 11 March 2016
 Sydney: 21, 22 March 2016
 Perth: 5, 6 April 2016
 Brisbane: 19, 20 April 2016
 Adelaide: 26, 27 April 2016

The Federal Court has established the insurance list for short matters as a form of dispute resolution in an effort to create more flexibility, efficiency and provide parties with more cost effective avenues to resolve matters.

If you wish to enquire further in relation to filing a short matter to be heard in the list, please contact our office.

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