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:
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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
- 18 Sep 2024:
Australian Securities and Investments Commission v Retail Employees Superannuation Pty Ltd [2024] FCA 1081
SUPERANNUATION - industry superannuation fund - rollover requests by members - Division 6.5 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) - sections 10, 19 and 42 of Superannuation Industry (Supervision) Act 1993 (Cth) - representations to members concerning rollover entitlements - limitation or restriction on members'…
Judge: Beach J - 13 Sep 2024:
QE Family Pty Ltd v Peter Warren Automotive trading as Mercedes Benz Macarthur [2024] FCA 1062
PRACTICE AND PROCEDURE - appeal from Federal Circuit and Family Court of Australia (Division 2) - notice of objection to competency - application for appeal to be summarily dismissed - whether notice of appeal complies with r 36.01 of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE - interlocutory application seeking order that the…
Judge: Yates J - 4 Sep 2024:
Australian Securities and Investments Commission v Darranda Pty Ltd (Liability) [2024] FCA 1015
CONSUMER LAW - consumer credit - whether customer contracts are consumer leases or credit contracts for the purposes of the National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth)) - whether Australian Credit Licence holder failed to do all things necessary to ensure that its licensed credit activities were engaged in …
Judge: Hespe J - 3 Sep 2024:
Williams & Kersten Pty Ltd v National Australia Bank Limited (No 4) [2024] FCA 1031
REPRESENTATIVE PROCEEDINGS - open-class representative proceeding - where respondent seeks class closure orders in advance of court-ordered mediation - where inappropriate exercise of the discretion to order class closure - form of opt out notices - orders made
Judge: Lee J - 30 Aug 2024:
Australian Securities and Investments Commission v Guo (No 3) [2024] FCA 1032
CORPORATIONS - where ASIC commenced an investigation - where ASIC obtained a travel restraint order for six months pursuant to s 1323 of the Corporations Act 2001 (Cth) - where ASIC sought a travel restraint order for a further six months - whether necessary or desirable for the protection of the interests of aggrieved persons - held: travel…
Judge: Moshinsky J - 28 Aug 2024:
Torley v Hyundai Motor Company Australia Pty Limited (No 4) [2024] FCA 983
PRACTICE AND PROCEDURE - application for further non-standard discovery by categories pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) - where previous limited discovery granted under r 20.15 did not fulfill the purpose for which it was intended
Judge: Yates J - 28 Aug 2024:
Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 4) [2024] FCA 986
PRACTICE AND PROCEDURE - Application for suppression and non-publication orders pursuant to s 37AF of Federal Court of Australia Act 1976 (Cth) - whether orders necessary to prevent prejudice to the proper administration of justice - whether alphanumeric identifiers analogous to bank account details - sensitive financial information - significant…
Judge: Collier J - 26 Aug 2024:
Kemp v Westpac Banking Corporation (No 5) [2024] FCA 996
REPRESENTATIVE PROCEEDINGS - application for approval of the costs of administering the settlement distribution scheme and the amounts for final distribution to group members
Judge: O'Bryan J - 26 Aug 2024:
Reilly v Australia and New Zealand Banking Group Limited (No 6) [2024] FCA 965
REPRESENTATIVE PROCEEDINGS - application for approval of the costs of administering the settlement distribution scheme and the amounts for final distribution to group members
Judge: O'Bryan J - 23 Aug 2024:
Australian Energy Regulator v AGL Retail Energy Limited [2024] FCA 969
CONSUMER LAW - alleged contraventions of rule 31 of the National Energy Retail Rules and section 273 of the National Energy Retail Law - respondents received, processed and retained amounts deducted from welfare payments after welfare recipients ceased to be customers, final bill had issued and no money was payable to respondents - proper…
Judge: Downes J
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