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)

• 21 Feb 2025: Australian Competition and Consumer Commission v Telstra Limited [2025] FCA 93
  CONSUMER LAW - where respondent a telecommunications business offering NBN internet access plans to consumers - where respondent unilaterally and without notice made changes to some consumers' plans - where changes resulted in slower upload speed - whether respondent made representations to consumers as to plan's standard, quality, value, grade or …
  Judge: Snaden J
• 21 Feb 2025: Australian Securities and Investments Commission v AustralianSuper Pty Ltd [2025] FCA 102
  CORPORATIONS - financial services - declarations of contraventions - assessment of pecuniary penalty - failure by AustralianSuper to establish rules setting out procedure to identify and merge multiple superannuation accounts as required by s 108A of the Superannuation Industry (Supervision) Act 1993 (Cth) - where compliance policies and…
  Judge: Hespe J
• 20 Feb 2025: Australian Securities and Investments Commission v eToro AUS Capital Limited [2025] FCA 100
  PRACTICE AND PROCEDURE - application for final suppression and non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth) - where interim orders made for suppression and non-publication - where commercially sensitive information not available in the public domain - whether order necessary to prevent prejudice to the proper …
  Judge: Stellios J
• 13 Feb 2025: Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Trial Ruling No 2 - Witness Unavailability) [2025] FCA 110
  PRACTICE AND PROCEDURE-Evidence Act 1995 (Cth), s 63-previous representation-witness not available despite service of subpoena-whether all reasonable steps have been taken by the applicant to compel the witness to give evidence-failure of applicant to explain why no application was made for the issue of a warrant for the arrest of the…
  Judge: McElwaine J
• 12 Feb 2025: Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Expert Evidence Admissibility) [2025] FCA 75
  PRACTICE AND PROCEDURE- Evidence Act 1995 (Cth), s 79-expert evidence regarding procedures for a licensee to achieve compliance with obligations at ss 47, 128, 129, 130 and 133 of the National Consumer Credit Protection Act 2009 (Cth)- whether expert evidence exposes the factual foundation that satisfies the requirement that the opinions are…
  Judge: McElwaine J
• 7 Feb 2025: Natch v Stennson Pty Ltd [2025] FCA 69
  PRACTICE AND PROCEDURE - urgent application for stay of primary proceedings where application for leave to appeal orders of primary judgment filed - whether applicants have arguable ground of appeal - whether interests of justice warrant stay of proceedings - application dismissed
  Judge: Snaden J
• 5 Feb 2025: Australian Securities and Investments Commission v Bekier (Separate Relief Hearing) [2025] FCA 84
  PRACTICE AND PROCEDURE - referral and reallocation of aspect of proceeding to another judge - apprehended bias - issue of apprehended bias not yet crystallised - reallocation to be made - scope of current part heard matter
  Judge: Lee J
• 4 Feb 2025: AAI Limited v The Owners - Strata Plan No 91086 [2025] FCAFC 6
  PRACTICE AND PROCEDURE - application for leave to appeal from an order made under r 9.05 of the Federal Court Rules 2011 (Cth) joining the applicant insurer as a respondent - operation of s 24(1AA)(b)(i) of the Federal Court of Australia Act 1976 (Cth) prohibits any appeal - application dismissed PRACTICE AND PROCEDURE - application for leave to…
  Judge: Markovic, Halley and Goodman JJ
• 31 Jan 2025: VE Property Pty Ltd v Sydney Water Corporation [2025] FCA 17
  PRACTICE AND PROCEDURE - separate question - stay of proceeding - cross-vesting - respondent's application for bifurcation of the proceeding to determine liability and causation first and quantum later or to stay the proceeding - where there is a related proceeding in the Land and Environment Court of New South Wales (LEC proceeding) in which the…
  Judge: Stewart J
• 31 Jan 2025: BUSS (Queensland) Pty Ltd atf The Building Unions Superannuation Scheme (Queensland) v Australian Prudential Regulation Authority [2025] FCA 31
  ADMINISTRATIVE LAW - application for judicial review of decision of Australian Prudential Regulation Authority and review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether adequate alternative avenue of review available to applicant - consideration of adequacy of internal merits review processes - where circumstances…
  Judge: Derrington J

• Australian Competition and Consumer Commission (ACCC)