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)

• 29 Nov 2023: Hamilton v Meta Platforms, Inc. (Costs) [2023] FCA 1496
  COSTS - where proceeding permanently stayed - where the applicant sought an order under s 82(4) of the Competition and Consumer Act 2010 (Cth) (CCA) (NACO) - where the application for the NACO has not been determined - where the application for a permanent stay determined prior to the hearing of the NACO application - whether s 82 of the CCA…
  Judge: Cheeseman J
• 29 Nov 2023: Australian Securities and Investments Commission v OnePath Custodians Pty Ltd [2023] FCA 1485
  SUPERANNUATION - where the trustee of a superannuation fund has admitted to engaging in misleading or deceptive conduct in relation to financial services - where parties have agreed a statement of facts and the proposed form of declaratory relief, aggregate pecuniary penalty, the terms of an adverse publicity notice and payment of costs - whether…
  Judge: Stewart J
• 23 Nov 2023: Australian Communications and Media Authority v Jones (No 5) [2023] FCA 1455
  PRACTICE AND PROCEDURE - costs - interlocutory application filed by the third respondent dismissed - not contested that costs order should be made - whether indemnity costs should be assessed on a lump sum basis - whether costs should be paid forthwith or at conclusion of matter
  Judge: Thomas J
• 22 Nov 2023: Lewis v Philips Electronics Australia Ltd trading as Philips Healthcare [2023] FCA 1486
  REPRESENTATIVE PROCEEDINGS - practice and procedure - application to discontinue a representative proceeding - subsequent application to substitute a group member as applicant - whether substitution should be granted - how, if the proceeding is unsuccessful should any adverse costs order be apportioned between the former and substituted applicant
  Judge: Murphy J
• 17 Nov 2023: Peck v Australian Automotive Group Pty Ltd [2023] FCA 1413
  CONSUMER LAW - Negligence - where the applicants bring consumer claims against the manufacturer and supplier of a Fiat soft top convertible pursuant to ss 54, 55, 140 and 141 of Sch 2 of the Competition and Consumer Act 2010 (Cth) in respect of damage occasioned by fire - where the applicants also claim against the manufacturer/importer and…
  Judge: Cheeseman J
• 14 Nov 2023: Ford Motor Company of Australia Pty Ltd v Capic [2023] FCAFC 179
  CONSUMER LAW - representative proceedings - alleged defects in motor vehicles by reason of deficiencies in transmission system - where primary judge found affected vehicles were not of acceptable quality when supplied to consumers contrary to the guarantee in s 54 Australian Consumer Law - whether primary judge applied statutory test - the meaning …
  Judge: Yates, Beach and Downes JJ
• 10 Nov 2023: Australian Securities and Investments Commission v BSF Solutions Pty Ltd [2023] FCA 1406
  CONSUMER LAW - consumer credit - alleged contraventions of the National Consumer Credit Protection Act 2009 (Cth) (Credit Act) and the National Credit Code at Sch 1 of the Credit Act - application for interim injunctions under s 177 of the Credit Act - serious question to be tried as to whether, in substance, various fees are charges for providing …
  Judge: Jackman J
• 10 Nov 2023: Robertson v Singtel Optus Pty Ltd [2023] FCA 1392
  LEGAL PROFESSIONAL PRIVILEGE - privilege - third party report - investigation into cyber-attack - whether multiple purposes - deficiencies in evidence - common law principles - whether document created for dominant purpose of legal advice - waiver of privilege - privilege claim not made out
  Judge: Beach J
• 30 Oct 2023: Australian Securities and Investments Commission v Provide Nominees Pty Ltd (No 2) [2023] FCA 1308
  PRACTICE AND PROCEDURE - costs - whether indemnity costs should be ordered following a Calderbank offer - whether indemnity costs should be ordered on account of unreasonable conduct of litigation
  Judge: O'Bryan J
• 27 Oct 2023: eSafety Commissioner v Rotondo (No 2) [2023] FCA 1351
  PRACTICE AND PROCEDURE - r 42.14 of the Federal Court Rules 2011 (Cth) - where respondent charged with contempt of court - application for issue of warrant - whether Court satisfied that it is likely that the respondent will abscond or otherwise withdraw from the jurisdiction - warrant issued
  Judge: Rangiah J

• Australian Competition and Consumer Commission (ACCC)