This Sub-area includes:

• consumer-related matters such as:
  • misleading and deceptive conduct
  • unconscionable conduct
  • unfair commercial practices
  • product liability matters
  • false advertising
• Australian Consumer Law actions by the Australian Competition and Consumer Commission (ACCC).

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

Other practice notes and Court developed guides which may be relevant to this Sub-area include:

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:

Parties should consider whether it is necessary to file a Genuine steps statement (Form 16) in certain proceedings in this NPA - see Rule 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)
• Civil Aviation (Carriers Liability) Act 1959 (Cth)
• National Consumer Credit Protection Act 2009 (Cth)
• National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (Cth)
• National Consumer Credit Protection (Fees) Act 2009 (Cth)
• Competition and Consumer Act 2010 (Cth)

• 18 Mar 2025: Australian Securities and Investments Commission v LGSS Pty Ltd (No 3) [2025] FCA 205
  BANKING AND FINANCIAL INSTITUTIONS – imposition of civil penalties following findings and declarations of breach of ss 12DB(1)(a) and 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) (the ASIC Act) – whether by reference to s 12GBB(5)(e) of the ASIC Act any penalty imposed on a defendant superannuation trustee should…
  Judge: O’CALLAGHAN J
• 14 Mar 2025: Appello Pty Ltd v Heyward [2025] FCA 190
  EVIDENCE and DAMAGES –appeal from the Federal Circuit and Family Court of Australia (Division 2) – whether the inference that a witness is adverse to a case if they are not called can be made per the rule in Jones v Dunkel – whether case was a no-transaction case – measurement of damages in a no-transaction case under s 236 of Schedule 2 of the…
  Judge: LOGAN J
• 14 Mar 2025: Holt v Mitsubishi Motors Corporation [2025] FCA 191
  PRIVILEGE – interlocutory application challenging claim for legal professional privilege – litigation privilege – dominant purpose test – whether documents created for the purpose of actual, reasonably apprehended or reasonably anticipated litigation – embedded copies of non-privileged documents – application dismissed
  Judge: RAPER J
• 13 Mar 2025: Arrotex Pharmaceuticals Pty Limited v Minister for Health and Aged Care [2025] FCAFC 22
  STATUTORY INTERPRETATION – Pharmaceutical Benefits Scheme – methodology of the average unadjusted price reduction test prescribed by s 99ADH(6) of the National Health Act 1953 (Cth) – where legislation amended after conclusion of argument on appeal – where appeal then rendered moot save for costs – exercise of costs discretion where appellants…
  Judge: KATZMANN, O’SULLIVAN AND MCELWAINE JJ
• 26 Feb 2025: Williams & Kersten Pty Ltd v National Australia Bank Limited (No 5) [2025] FCA 155
  REPRESENTATIVE PROCEEDINGS – settlement approval hearing of an “open-class” representative proceeding – where the parties reached agreement on the proposed settlement scheme – where the proposed settlement is well within the range of settlements that could be categorised as being fair, reasonable, and in the interests of group members – where…
  Judge: LEE J
• 24 Feb 2025: Australian Securities and Investments Commission v Bekier (Judiciary Act Issue) [2025] FCA 145
  PRACTICE AND PROCEDURE - where an application to set aside two subpoenas was made - where the subpoena recipients assert that documents responsive to the subpoena are not required to be produced on "lawful excuse" grounds within the meaning of r 24.23(1) of the Federal Court Rules 2011 (Cth) - where it is contended that any documents responsive to …
  Judge: LEE J
• 27 Feb 2025: Jackson v Carnival plc t/as P&O Cruises Australia (Settlement Approval) [2025] FCA 127
  REPRESENTATIVE PROCEEDINGS - approval of settlement - no litigation funder - solicitors acting on a no-win-no-fee basis - outcome for class members from settlement above what might be obtained after full trial - consideration of solicitors' costs - referee's report received as to costs - settlement approved
  Judge: DERRINGTON J
• 27 Feb 2025: Cantor v Audi Australia Pty Limited (No 8) [2025] FCA 134
  PRACTICE AND PROCEDURE - suppression orders - suppression order made in 2019 concerning names of individuals potentially subject to criminal proceedings - suppression remains appropriate - orders extended
  Judge: GOODMAN J
• 25 Feb 2025: Minister for the Environment and Water v Northern Seafoods Pty Ltd [2025] FCA 116
  ENVIRONMENT LAW - application for declaration as to contravening conduct and pecuniary penalties - where respondent conducted trap fishing for commercial purposes in Habitat Protection Zone of Oceanic Shoals Marine Park - multiple contraventions - course of conduct - contravening conduct admitted - whether proposed agreed penalty is appropriate -…
  Judge: HESPE J
• 24 Feb 2025: Marlu Transport Solutions Pty Ltd v Bishdun Pty Ltd [2025] FCA 118
  PRACTICE AND PROCEDURE - application for interlocutory injunction - applicant entered into agreements with first and fifth respondents for sale of business, issue of preference shares to fifth respondent, grant of security over assets of business, and company and personal guarantees - applicant defaulted on obligation to make payments to fifth…
  Judge: MCDONALD J

• Australian Competition and Consumer Commission (ACCC)