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)

• 20 Dec 2024: Master Wealth Control Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 171
  CONSUMER LAW - misleading and deceptive conduct - where representations made in promotional materials and delivery of wealth creation course - whether representations conveyed the meaning found by the primary judge - whether statements were of opinion or fact - whether second appellant liable as accessory - whether primary judge erred as to…
  Judge: Sarah C Derrington, Halley and Shariff JJ
• 19 Dec 2024: Australian Energy Regulator v AGL Retail Energy Limited (Relief Hearing) [2024] FCA 1500
  CONSUMER LAW - established contraventions of rule 31 of the National Energy Retail Rules and section 273 of the National Energy Retail Law - respondents contravened law over 16,000 times during four year period - respondents received, processed and retained amounts deducted from welfare payments after welfare recipients ceased to be customers,…
  Judge: Downes J
• 18 Dec 2024: Australian Securities and Investments Commission v A One Multi Services Pty Ltd (No 4) [2024] FCA 1469
  CORPORATIONS - application by Court appointed receivers for approval of remuneration for past work - amount sought is reasonable - application granted CORPORATIONS - application by receivers for indemnity from Australian Securities and Investments Commission (ASIC) - where receivers already ordered to be indemnified out of assets over which they…
  Judge: Derrington J
• 12 Dec 2024: Australian Competition and Consumer Commission v Meg's Flowers Pty Ltd [2024] FCA 1435
  CONSUMER LAW - where respondent online floristry business - where respondent admitted to contraventions of ss 18, 29(1)(k) and 33 of the Australian Consumer Law referable to marketing and sale of flowers - where parties jointly sought declarations and other relief - declarations made - pecuniary penalties totalling $1,000,000.00 imposed - orders…
  Judge: Collier Acj
• 10 Dec 2024: Australian Securities and Investments Commission v Latitude Finance Australia (No 3) [2024] FCA 1433
  CONSUMER LAW - where declarations regarding contraventions of the ASIC Act made following a liability judgment - where relief hearing yet to take place - where defendants appealed the declarations - whether applications for leave to appeal of declaration affects the relief hearing timetable - consideration of the overarching purpose of the Federal …
  Judge: Wigney J
• 22 Nov 2024: McNickle v Huntsman Chemical Company Australia Pty Ltd (Settlement Approval) [2024] FCA 1353
  REPRESENTATIVE PROCEEDINGS - application for settlement approval pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) - where applicant unsuccessful in initial trial concerning the alleged carcinogenic effects of Roundup produced by the Monsanto Company - where negligible prospects of any successful appeal - settlement approved -…
  Judge: Lee J
• 19 Nov 2024: Bist v Cyan Stone Clydesdale Estate 1 Pty Ltd (No 2) [2024] FCA 1332
  COSTS - where applicants applied unsuccessfully for an interlocutory injunction - where respondents seek their costs of the interlocutory injunction application on the indemnity basis - where matter subsequently allocated to a docket judge - whether applicants should have known that they had no chance of success in obtaining an interlocutory…
  Judge: Jackman J
• 18 Nov 2024: Tay v Chong [2024] FCA 1327
  PRACTICE AND PROCEDURE - application to strike out paragraphs of defence - reasons as provided in related judgment, Yap v Chong [2024] FCA 1326 - leave granted to replead
  Judge: Colvin J
• 18 Nov 2024: Yap v Chong [2024] FCA 1326
  PRACTICE AND PROCEDURE - application to strike out paragraphs of defence - where defence contains repeated pleas that 'respondents will plead in response to the allegations ... upon provision of proper particulars thereof' - where no further particulars sought - whether defence evasive or ambiguous - paragraphs of defence struck out - leave…
  Judge: Colvin J
• 13 Nov 2024: Clean Energy Regulator v Emerging Energy Solutions Group Pty Ltd [2024] FCA 1310
  PRACTICE AND PROCEDURE - application for suppression order and pseudonym order under s 37AF of Federal Court of Australia Act 1976 (Cth) -where person named in pleadings suffers from anxiety, depression and agoraphobia - where identification would aggravate mental health conditions - whether orders necessary to prevent prejudice to the proper…
  Judge: Horan J

• Australian Competition and Consumer Commission (ACCC)