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: |
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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: |
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| Rules: |
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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
- 19 Nov 2024:
Bist v Cyan Stone Clydesdale Estate 1 Pty Ltd (No 2) [2024] FCA 1332
COSTS - where applicants applied unsuccessfully for an interlocutory injunction - where respondents seek their costs of the interlocutory injunction application on the indemnity basis - where matter subsequently allocated to a docket judge - whether applicants should have known that they had no chance of success in obtaining an interlocutory…
Judge: Jackman J - 18 Nov 2024:
Tay v Chong [2024] FCA 1327
PRACTICE AND PROCEDURE - application to strike out paragraphs of defence - reasons as provided in related judgment, Yap v Chong [2024] FCA 1326 - leave granted to replead
Judge: Colvin J - 18 Nov 2024:
Yap v Chong [2024] FCA 1326
PRACTICE AND PROCEDURE - application to strike out paragraphs of defence - where defence contains repeated pleas that 'respondents will plead in response to the allegations ... upon provision of proper particulars thereof' - where no further particulars sought - whether defence evasive or ambiguous - paragraphs of defence struck out - leave…
Judge: Colvin J - 13 Nov 2024:
Clean Energy Regulator v Emerging Energy Solutions Group Pty Ltd [2024] FCA 1310
PRACTICE AND PROCEDURE - application for suppression order and pseudonym order under s 37AF of Federal Court of Australia Act 1976 (Cth) -where person named in pleadings suffers from anxiety, depression and agoraphobia - where identification would aggravate mental health conditions - whether orders necessary to prevent prejudice to the proper…
Judge: Horan J - 31 Oct 2024:
Trimuryani v Retail Food Group Limited [2024] FCA 1282
REPRESENTATIVE PROCEEDINGS - Application for approval of settlement of a representative proceeding - principles relevant to approval of settlement - where settlement involved mutual releases - where settlement involved some group members receiving a greater benefit than other group members - determined that settlement was fair and reasonable in…
Judge: Anderson J - 29 Oct 2024:
Secretary, Department of Health and Aged Care v Montu Group Pty Ltd [2024] FCA 1260
PRACTICE AND PROCEDURE - interlocutory application for non-publication orders pursuant to pt VAA of the Federal Court of Australia Act 1976 (Cth) - where court document mistakenly released to journalist by court staff - where article containing information from that document published by non-parties - whether non-publication order necessary to…
Judge: Snaden J - 28 Oct 2024:
Australian Securities and Investments Commission v H C F Life Insurance Company Pty Limited [2024] FCA 1240
INSURANCE - where defendant a life insurer that offers products which contain exclusions in respect of pre-existing conditions - where defendant adopted a definition of pre-existing condition that excludes cover where a medical practitioner is of the opinion that signs or symptoms of the relevant condition existed before policy inception - whether …
Judge: Jackman J - 22 Oct 2024:
Fu v Bondi Junction Prime Pty Ltd [2024] FCA 1222
PRACTICE AND PROCEDURE - application for stay of orders made by the Federal Circuit and Family Court of Australia (Division 2) pending an appeal from those orders - stay granted subject to condition and until further order
Judge: Goodman J - 22 Oct 2024:
INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 3) [2024] FCA 1221
PRACTICE AND PROCEDURE - whether applicants should be permitted to cross-examine deponents of affidavits relating to discovery regime - discovery proceeded according to categories - relevant previously undiscovered documents produced during 11-week liability trial - trial steps still pending - continuing obligations of parties and lawyers in…
Judge: Banks-smith J - 18 Oct 2024:
Ripani v Century Legend Pty Ltd (No 4) [2024] FCA 1211
CONSUMER LAW - misleading and deceptive conduct - contract of sale of apartment sold "off the plan" - reliance - whether Applicants continued to rely on representations that were misleading and deceptive - reliance established CONSUMER LAW - remedies - what orders the Court should make under ss 237 and 243 of the Australian Consumer Law - orders…
Judge: Neskovcin J
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