Regulator and Consumer Protection Sub-area
Regulator and Consumer Protection Sub-area
About this Sub-Area
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).
Practice Notes
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
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:
General practice notes: |
|
Guides: |
Forms, Rules & Fees
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:
& Forms: |
|
Rules: |
|
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).
Legislation
- 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)
Latest Judgments
- 28 Jun 2024:
Australian Securities and Investments Commission v Ferratum Australia Pty Ltd (in liq) (No 2) [2024] FCA 701
CONSUMER LAW - payday loan business - charging of prohibited fees - inclusion of prohibited terms in small amount credit contracts - failure to engage in credit activities efficiently, honestly and fairly - contraventions of s 47(1)(a) of the National Consumer Credit Protection Act 2009 (Cth) - contraventions of s 24(1A) of the National Credit…
Judge: Kennett J - 26 Jun 2024:
Commissioner of the NDIS Quality and Safeguards Commission v Aurora Community Care Pty Ltd (in liquidation) [2024] FCA 679
CORPORATIONS - application for leave to proceed against a company in liquidation under s 500 of the Corporations Act 2001 (Cth) - where respondent is in voluntary liquidation - where proceedings allege contraventions of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) - where relief sought includes declarations and pecuniary…
Judge: Abraham J - 24 Jun 2024:
Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd (No 2) [2024] FCA 703
PRACTICE AND PROCEDURE - public interest immunity - where regulator seeks to redact personal information contained in consumer complaints - redactions allowed
Judge: Jackman J - 20 Jun 2024:
Australian Securities and Investments Commission v LGSS Pty Ltd (No 2) [2024] FCA 665
BANKING AND FINANCIAL INSTITUTIONS - "greenwashing" - where defendant contravened ss 12DB(1)(a) and 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) by making false or misleading representations, and engaging in conduct liable to mislead the public in relation to investments made by superannuation fund - form of…
Judge: O'Callaghan J - 7 Jun 2024:
CEO of AUSTRAC v SkyCity Adelaide Pty Ltd [2024] FCA 664
CORPORATIONS - SkyCity Adelaide Pty Ltd (SCA) casino - where SCA contravened ss 36(1) and 81(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
Judge: Lee J - 7 Jun 2024:
Australian Aged Dental Care Pty Limited v Australian Dental Association (New South Wales Branch) Limited (No 2) [2024] FCA 635
PRACTICE AND PROCEDURE - application for extension of time to comply with orders to pay security - failure to apply for reinstatement of proceeding where self-executing order had already taken effect - self-executing order - dismissal of proceeding - bare assertions of fact from the applicant's solicitor
Judge: Bromwich J - 7 Jun 2024:
Simmons v Giezekamp [2024] FCA 649
PRACTICE AND PROCEDURE - application for continuation of freezing orders - application by interested party for variation of freezing orders - where interested party is a tenant in common of property the subject of freezing order - where interested party joint tenant of a property the subject of freezing order - freezing orders continued without…
Judge: Thawley J - 5 Jun 2024:
Australian Securities and Investments Commission v LGSS Pty Ltd [2024] FCA 587
BANKING AND FINANCIAL INSTITUTIONS - application by Australian Securities and Investments Commission (ASIC) alleging that defendant contravened ss 12DB(1)(a) and 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) by making false or misleading representations, and engaging in conduct liable to mislead the public in…
Judge: O'Callaghan J - 4 Jun 2024:
Australian Securities and Investments Commission v Web3 Ventures Pty Ltd (Penalty) [2024] FCA 578
CORPORATIONS - civil penalty - whether to relieve defendant from liability - where defendant contravened Corporations Act ss 911A and 601ED - where contraventions involved investing customer funds in cryptocurrency - where defendant perceived there to be legal uncertainty, obtained competent legal advice, and genuinely concluded that there was no…
Judge: Jackman J - 27 May 2024:
Singtel Optus Pty Ltd v Robertson [2024] FCAFC 58
PRIVILEGE - legal professional privilege - third party report - investigation into cyber-attack - whether the report was created for the dominant purpose of legal advice - multiple purposes for commissioning report - unchallenged evidence - adverse inference - failure to adduce specific and focused evidence - time for assessing dominant purpose…
Judge: Murphy, Anderson and Neskovcin JJ
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.