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)

• 15 Apr 2025: Australian Securities and Investments Commission v Green County Pty Ltd [2025] FCA 367
  CONSUMER LAW – alleged contraventions of National Consumer Credit Protection Act 2009 (Cth) (NCCP Act) and National Credit Code (Code) – where first and second respondents engaged in “credit activity” associated with the provision of credit to small business borrowers – where credit was provided to two consumers who asserted that they were…
  Judge: SHARIFF J
• 9 Apr 2025: Australian Securities and Investments Commission v Falcon Capital Limited [2025] FCA 359
  CORPORATIONS – winding up – application by ASIC for the winding up of a company on the just and equitable ground, together with a direction that the liquidator wind up a registered managed investment scheme and underlying unregistered funds – where the company accepted that the company and the funds should be wound down – where the company put…
  Judge: MOSHINSKY J
• 14 Apr 2025: Australian Competition and Consumer Commission v Clorox Australia Pty Limited [2025] FCA 357
  CONSUMER LAW – alleged contraventions of ss 18, 29(1)(a), 29(1)(g) and 33 of the Australian Consumer Law – where representations made that kitchen tidy bags and garbage bags were made of 50% recycled plastic waste collected from the ocean or sea, when that was not the case – where parties jointly proposed agreed declarations of contravention, a…
  Judge: NESKOVCIN J
• 9 Apr 2025: McClure v Medibank Private Limited (No 2) [2025] FCA 343
  COSTS – where applicants sought costs order in their favour and respondent sought apportionment of costs on an issue-by-issue basis – court’s discretion to award costs – relevant principles – consideration of relevant costs principles
  Judge: ROFE J
• 7 Apr 2025: INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 4) [2025] FCA 320
  PRACTICE AND PROCEDURE – application for production of non-redacted copies of communications over which legal privilege claimed – whether privilege waived – inconsistency – application allowed in part
  Judge: BANKS-SMITH J
• 7 Mar 2025: McClure v Medibank Private Limited [2025] FCA 167
  LEGAL PROFESSIONAL PRIVILEGE – third-party reports – investigation into cyber-attack – whether multiple purposes – common law principles – whether documents were created for dominant purpose of legal advice LEGAL PROFESSIONAL PRIVILEGE – waiver of privilege – implied waiver – whether voluntary disclosure of reports to the regulator was…
  Judge: ROFE J
• 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

• Australian Competition and Consumer Commission (ACCC)