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)

• 9 May 2025: Zulic v CMC Markets Asia Pacific Pty Ltd (No 3) [2025] FCA 464
  DISCOVERY – representative proceedings – impugned practices concerning online trading of contracts for difference and binaries – application for further discovery orders – whether making further discovery orders will facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible – whether categories sought…
  Judge: JACKMAN J
• 5 May 2025: Frigger (Trustee) v Bank of Queensland Limited [2025] FCA 447
  PRACTICE AND PROCEDURE - application for recusal - claim of apprehended bias - whether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question to be decided - application dismissed
  Judge: VANDONGEN J
• 29 Apr 2025: Australian Competition and Consumer Commission v Beacon Products Pty Limited (in liq) [2025] FCA 426
  PRACTICE AND PROCEDURE – application for leave to proceed against first and second respondents in liquidation pursuant to s 500(2) of the Corporations Act 2001 (Cth) – application for deemed service, and in the alternative, substituted service of originating application and statement of claim upon third respondent, pursuant to r 10.23 and r 10.24…
  Judge: HALLEY J
• 24 Apr 2025: SunshineLoans Pty Ltd v Australian Securities and Investments Commission (No 2) [2025] FCAFC 60
  COSTS - indemnity costs sought by respondent - where appellant's appeal substantively unsuccessful - where respondent alleged unreasonable conduct by appellant in bringing the appeal, formulating appeal grounds and failing to engage with findings of primary judge - whether full indemnity as to costs justified in the circumstances - held…
  Judge: PERRAM, BROMWICH AND COLVIN JJ
• 22 Apr 2025: Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2025] FCAFC 58
  CORPORATIONS – where primary judge held that a product that allowed customers to “loan” specified cryptocurrency in return for interest paid at a fixed rate was a “financial product” because it involved the respondent/cross-appellant: (i) operating a managed investment scheme as defined in s 9 of the Corporations Act 2001 (Cth) (the Act); and…
  Judge: O’CALLAGHAN, ABRAHAM AND BUTTON JJ
• 15 Apr 2025: Australian Securities and Investments Commission v Green County Pty Ltd [2025] FCA 367
  CONSUMER LAW – alleged contraventions of National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and National Credit Code (Code) – where first and second respondents engaged in “credit activity” associated with the provision of credit to small business borrowers – where credit was provided to two consumers who asserted that they were…
  Judge: SHARIFF J
• 9 Apr 2025: Australian Securities and Investments Commission v Falcon Capital Limited [2025] FCA 359
  CORPORATIONS – winding up – application by ASIC for the winding up of a company on the just and equitable ground, together with a direction that the liquidator wind up a registered managed investment scheme and underlying unregistered funds – where the company accepted that the company and the funds should be wound down – where the company put…
  Judge: MOSHINSKY J
• 14 Apr 2025: Australian Competition and Consumer Commission v Clorox Australia Pty Limited [2025] FCA 357
  CONSUMER LAW – alleged contraventions of ss 18, 29(1)(a), 29(1)(g) and 33 of the Australian Consumer Law – where representations made that kitchen tidy bags and garbage bags were made of 50% recycled plastic waste collected from the ocean or sea, when that was not the case – where parties jointly proposed agreed declarations of contravention, a…
  Judge: NESKOVCIN J
• 9 Apr 2025: McClure v Medibank Private Limited (No 2) [2025] FCA 343
  COSTS – where applicants sought costs order in their favour and respondent sought apportionment of costs on an issue-by-issue basis – court’s discretion to award costs – relevant principles – consideration of relevant costs principles
  Judge: ROFE J
• 7 Apr 2025: INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 4) [2025] FCA 320
  PRACTICE AND PROCEDURE – application for production of non-redacted copies of communications over which legal privilege claimed – whether privilege waived – inconsistency – application allowed in part
  Judge: BANKS-SMITH J

• Australian Competition and Consumer Commission (ACCC)