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)

• 24 Mar 2025: SunshineLoans Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 34
  CONSUMER LAW - appeal from declarations of contraventions of s 47(1) of the National Consumer Credit Protection Act 2009 (Cth) (Act) and s 24(1A) of the National Credit Code (Code) in proceedings brought by regulator under the Act - where appellant in the business of providing small amount credit contracts - where small amount credit contracts…
  Judge: PERRAM, BROMWICH AND COLVIN JJ
• 24 Mar 2025: Australian Securities and Investments Commission v SunshineLoans Pty Ltd [2025] FCAFC 32
  PRACTICE AND PROCEDURE – appeal of primary judge’s recusal decision – where civil penalty case split into a liability and penalty hearing – where primary judge had already determined liability – where primary judge had made findings of credit about a witness who would give further evidence at the penalties stage – where statutory regime required…
  Judge: PERRAM, BROMWICH AND COLVIN JJ
• 21 Mar 2025: Tax Practitioners Board v Dabalos (formerly Van Stroe) (No 3) [2025] FCA 223
  CONTEMPT OF COURT – contempt by respondent by breach of permanent injunction on 365 occasions – contempt admitted – respondent continued to provide taxation services when unlicensed – contempt occurring in circumstances where respondent aware conduct contravened Tax Agent Services Act 2009 (Cth) and aware of permanent injunction – imposition of…
  Judge: BANKS-SMITH J
• 21 Mar 2025: Commissioner of the NDIS Quality and Safeguards Commission v Irabina Autism Services (in liq) (No 2) [2025] FCA 238
  CORPORATIONS – civil penalty proceedings – alleged contraventions of the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) – where relief sought includes declarations and pecuniary penalties – alleged breaches of National Disability Insurance Scheme (Code of Conduct) Rules 2018 (Cth) – where prohibition under Disability Act 2006 (Vic) …
  Judge: HORAN J
• 14 Mar 2025: Australian Securities and Investments Commission v Bekier (Evidentiary Ruling) [2025] FCA 237
  EVIDENCE – voir dire – whether sworn testimony of a witness at an inquiry is subject to the prohibition in s 17(2) of the Royal Commissions Act 1923 (NSW) – whether the relevant provision of the State law is “picked up” in federal jurisdiction by reason of s 79 of the Judiciary Act 1903 (Cth) – whether the probative value of evidence is…
  Judge: LEE J
• 20 Mar 2025: Fu v Bondi Junction Prime Pty Ltd (No 2) [2025] FCA 221
  CONSUMER LAW – where primary judge found that: (1) the first respondent represented to the appellant that the apartment it was selling to the appellant would be on the eleventh and uppermost floor of the building to be constructed; (2) the first respondent had reasonable grounds for the making of the representation – where the appellant contends…
  Judge: GOODMAN J
• 18 Mar 2025: Australian Securities and Investments Commission v LGSS Pty Ltd (No 3) [2025] FCA 205
  BANKING AND FINANCIAL INSTITUTIONS – imposition of civil penalties following findings and declarations of breach of ss 12DB(1)(a) and 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) (the ASIC Act) – whether by reference to s 12GBB(5)(e) of the ASIC Act any penalty imposed on a defendant superannuation trustee should…
  Judge: O’CALLAGHAN J
• 14 Mar 2025: Appello Pty Ltd v Heyward [2025] FCA 190
  EVIDENCE and DAMAGES –appeal from the Federal Circuit and Family Court of Australia (Division 2) – whether the inference that a witness is adverse to a case if they are not called can be made per the rule in Jones v Dunkel – whether case was a no-transaction case – measurement of damages in a no-transaction case under s 236 of Schedule 2 of the…
  Judge: LOGAN J
• 14 Mar 2025: Holt v Mitsubishi Motors Corporation [2025] FCA 191
  PRIVILEGE – interlocutory application challenging claim for legal professional privilege – litigation privilege – dominant purpose test – whether documents created for the purpose of actual, reasonably apprehended or reasonably anticipated litigation – embedded copies of non-privileged documents – application dismissed
  Judge: RAPER J
• 13 Mar 2025: Arrotex Pharmaceuticals Pty Limited v Minister for Health and Aged Care [2025] FCAFC 22
  STATUTORY INTERPRETATION – Pharmaceutical Benefits Scheme – methodology of the average unadjusted price reduction test prescribed by s 99ADH(6) of the National Health Act 1953 (Cth) – where legislation amended after conclusion of argument on appeal – where appeal then rendered moot save for costs – exercise of costs discretion where appellants…
  Judge: KATZMANN, O’SULLIVAN AND MCELWAINE JJ

• Australian Competition and Consumer Commission (ACCC)