The Insurance List for short matters – a work in
progress?
In March 2016 the Chief Justice of the Federal Court of
Australia established an Insurance List for short matters
(List). While the List did not see much activity
in the first six months, the flurry of recent decisions gives some
clue as to how the List has been operating.
The List operates across all registries and was initially
directed at "short" insurance matters, particularly
matters of policy interpretation and statutory construction. The
stated aim was to provide the insurance community with an avenue
for the swift resolution of legal issues capable of being decided
at an early stage.
By the end of November the Chief Justice had determined nine
matters on the List: three in Victoria, four in New South Wales and
two across Queensland and Tasmania. They arise mostly from
applications made by insurers, rather than insureds, and are of
varying interest and complexity. Not all of them could be
