Regulator and Consumer Protection Sub-area NPA logo with link NPA logo with link

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.

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

NPA Practice Note:

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).

Latest Judgments

  • 20 Jun 2022: Australian Securities and Investments Commission v Squirrel Superannuation Services Pty Ltd [2022] FCA 702
    CORPORATIONS - financial services - false or misleading representation that financial services have sponsorship, approval, performance characteristics, uses or benefits - misleading conduct as to the nature, characteristics, suitability for purpose or quantity of financial services - where the defendant admitted liability for contraventions -…
    Judge: Burley J
  • 16 Jun 2022: AIBI Holdings Pty Ltd v Virtual Technology Services Pty Ltd [2022] FCA 696
    CONSUMER LAW - where alleged contravention of s 24 of Australian Consumer Law - where application for declaratory relief - where small business contract - whether 'standard form' contract - whether Applicant had 'effective opportunity to negotiate' - whether Applicant was 'in effect, required to accept' terms - whether terms unfair CONTRACTS -…
    Judge: Perram J
  • 2 Jun 2022: Natch v Stennson Pty Ltd [2022] FCA 641
    PRACTICE AND PROCEDURE - application for extension of time and for leave to appeal - where judge ordered that applicants have leave to discontinue their claims against respondent on the condition that applicants pay respondent's costs - whether House v The King (1936) 55 CLR 499 error established - application dismissed
    Judge: O'Callaghan J
  • 30 May 2022: Frigger v Bank of Queensland [2022] FCA 707
    PRACTICE AND PROCEDURE - application to vary orders - where interlocutory application for interim injunction dismissed for want of prosecution on the basis on non-appearance of applicants at hearing - where applicants husband and wife - where first applicant incarcerated at time of hearing of interlocutory application - where second applicant had…
    Judge: Logan J
  • 18 May 2022: Kosen-Rufu Pty Ltd v Dixon Advisory and Superannuation Services Ltd [2022] FCA 573
    REPRESENTATIVE PROCEEDINGS - multiplicity of proceedings - where two substantially duplicative class actions commenced - whether no win no fee model more likely to be in the interests of group members - held no win no fee model likely to result in greater recovery for group members - if proceedings consolidated on a basis which so permitted,…
    Judge: Thawley J
  • 18 May 2022: viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87
    CONSUMER LAW - misleading or deceptive conduct - contravention of ss 18, 29(1) and/or 34 of the Australian Consumer Law - part price representations in contravention of s 48(1) of the Australian Consumer Law - where appellant contended that primary judge erred in finding three of four representations were conveyed - Held: appeal dismissed
    Judge: Yates, Abraham and Cheeseman J
  • 10 May 2022: Australian Communications and Media Authority v Jones [2022] FCA 546
    PRACTICE AND PROCEDURE - interlocutory application to dispense with personal service of originating process on the first respondent - application for substituted service on first respondent - Federal Court Rules 2011 (Cth) r 10.24 - where personal service on first respondent not practicable - where reasonably probable the applicant's identified…
    Judge: Thomas J
  • 6 May 2022: Xuan v Xu [2022] FCA 508
    CONSUMER LAW - application pursuant to ss 12DA and 12DB of Australian Securities and Investments Commission Act 2001 (Cth), or in the alternative s 18 of Australian Consumer Law - allegations that respondent misled applicant by making various representations as to complex and unregulated investment scheme - where majority of representations found…
    Judge: Halley J
  • 5 May 2022: Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496
    CORPORATIONS - where respondent holds Australian Financial Services Licence - where respondent's business was targeted in cybersecurity attacks - whether respondent contravened ss 912A(1)(a) and (h) of the Corporations Act 2001 (Cth) by failing to have adequate cybersecurity risk management in place - contraventions agreed by the parties - where…
    Judge: Rofe J
  • 4 May 2022: Australian Securities and Investments Commission v Lightspeed Finance Pty Ltd [2022] FCA 469
    CONSUMER LAW - action by the Australian Securities and Investments Commission seeking orders in relation to company's failure to comply with a determination by the Australian Financial Complaints Authority - whether declarations should be made - whether penalties should be imposed - how penalty to be assessed - what amount of compensation should…
    Judge: Derrington J

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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.