Regulator and Consumer Protection Sub-area NPA logo with link NPA logo with link

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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

NPA Practice Note:

Other practice notes and Court developed guides which may be relevant to this Sub-area include:

General practice notes:

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:

& Forms:
Rules:

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).

Latest Judgments

  • 23 May 2018: Optus Mobile Pty Ltd v Telstra Corporation Limited [2018] FCA 745
    CONSUMER LAW – whether respondent’s advertisements breached Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) – misleading or deceptive conduct – false or misleading representations – conduct liable to mislead as to nature or characteristics of services – whether advertisements conveyed nothing, merely provoking…
    Judge: Gleeson J
  • 22 May 2018: Plankton Australia Pty Limited v Rainstorm Dust Control Pty Limited [2018] FCA 727
    PRACTICE AND PROCEDURE – whether an extension of time within which to appeal should be granted – where the application is unopposed – where the delay in filing was short
    Judge: McKerracher J
  • 22 May 2018: Australian Competition and Consumer Commission v Ford Motor Company of Australia Limited [2018] FCA 703
    CONSUMER LAW – Proceeding by Commission under s 21 of Schedule 2 to Competition and Consumer Act 2010 (Cth) – whether respondent (Ford Australia) engaged in unconscionable conduct – matters relevant to unconscionability – where respondent was a trading corporation supplying motor vehicles – where such vehicles did not meet the consumer guarantees…
    Judge: Middleton J
  • 16 May 2018: Australian Securities & Investments Commission v Thorn Australia Pty Ltd [2018] FCA 704
    CONSUMER LAW - pecuniary penalty - contraventions of the National Consumer Credit Protection Act 2009 (Cth)
    Judge: Jagot J
  • 8 May 2018: Australian Competition and Consumer Commission v Apple Pty Ltd (No 3) [2018] FCA 617
    EVIDENCE – Advance ruling under s 192A of the Evidence Act 1995 (Cth) as to the admissibility of admissions – finding that the admissions were obtained by improper conduct – application of s 138 of the Evidence Act 1995 (Cth) – officer of regulator engaging in a fiction of posing as a consumer needing repair to a mobile telephone and making false…
    Judge: Lee J
  • 7 May 2018: REA Group Limited v Fairfax Media Limited (No 3) [2018] FCA 633
    CONTEMPT OF COURT - breach of undertaking to the Court not to publish advertisements containing certain phrases - where respondent admitted publication but contended breach was casual, accidental or unintentional - whether the accidental breach occurred as a result of the respondent's lack of diligence - finding of contempt - penalty - applicable…
    Judge: Murphy J
  • 4 May 2018: Kraft Foods Group Brands LLC v Bega Cheese Limited (No 2) [2018] FCA 615
    ARBITRATION - International arbitration - successful application for anti-arbitration injunction restraining the taking of any further steps in an arbitration commenced before the International Centre for Dispute Resolution in New York - appropriate scope of interlocutory injunction in light of earlier reasons COSTS - whether party successful in…
    Judge: O'Callaghan J
  • 3 May 2018: Infa-Secure Pty Ltd v Crocker (No 3) [2018] FCA 605
    CONSUMER LAW - application to restrain the respondent from making false, misleading or deceptive representations about the applicant - where the respondent held a patent over a product which had lapsed - where the respondent sent numerous emails to entities who sold that product - where those emails suggested, among other things, that the…
    Judge: Reeves J
  • 27 Apr 2018: Commonwealth v Reid [2018] FCA 579
    EDUCATION - penalties - where the Respondent fabricated VET qualification certificates which were used to apply for employment - where the Respondent made false representations that he held VET qualifications when applying for employment - where Respondent admitted contraventions - consideration of principles to be applied in determining quantum…
    Judge: Flick J
  • 26 Apr 2018: Australian Competition and Consumer Commission v Telstra Corporation Limited [2018] FCA 571
    CONSUMER LAW – financial services – false or misleading representations – where the respondent (Telstra) provided a service called the Premium Direct Billing Service (PDB service) to domestic and business customers as a default setting on Telstra mobile services (ie, customers were not required to opt-in) – where the PDB service enabled customers…
    Judge: Moshinsky J

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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.