The Insurance List is suitable for matters where the underlying issue in dispute is of a commercial nature.
Examples of commercial matters suitable for initiation in the Insurance List include:
- Disputes in relation to the application of an insurance or reinsurance policy to claims of loss incurred in a commercial transaction or where the insurance relates to a business or property;
- Disputes between insurers as to the contribution payable by each under concurrent insurance policies or disputes between insurers and reinsurers;
- Matters raising issues of construction of particular insurance or reinsurance policies;
- Matters concerning the interpretation of relevant legislation eg: Insurance Act 1973 (Cth), Insurance Contracts Act 1984 (Cth) and the Insurance Regulations 2002 (Cth); and
- Disputes regarding rights of subrogation in commercial transactions.
The Insurance List will not include matters which are more appropriately initiated in the Common Law Division, particularly in its Personal Injures, Dust Diseases, Major Torts, Professional Liability or General Lists. For example, the Commercial Court will not accept claims under total disability policies or for personal injuries under other policies. Claims of that kind should be issued in the Common Law Division.
Please refer to the Common Law Division for further details as to the type of matters which should be initiated in those Lists.
Judge in Charge
The Honourable Justice Almond
The following documents provide further guidance on Insurance List proceedings.
- Supreme Court (General Civil Procedure) Rules 2015 (Vic) (Chapter I);
- Practice Note SC CC 1 Commercial Court; and
- Practice Note SC GEN 2 Structure of the Trial Division
Practitioners can continue to initiate proceedings suitable for the Insurance List on RedCrest. When doing so, Practitioners should take the following steps:
- Continue to utilise Form 5A as the Writ ;
Upon successfully uploading the completed form to RedCrest, the Practitioner must select the following options on the RedCrest case verification screen:
- Case Category = Insurance;
- Case Action = Insurance Dispute; and
- Complete all other relevant fields on the verification screen and select 'Submit'.
Selection of these options will generate the correct payment amount including Commencement and Entry to List fees.
Self-Represented litigants are also able to file directly into RedCrest. If you are Self-Represented and require assistance on how to commence, or respond, to a proceeding filed in this List, please contact the Court's Self-Represented Litigants Coordinator who can provide procedural support.
For more information see judicial support contacts.