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

  • 21 Dec 2018: Australian Competition and Consumer Commission v ACM Group Limited (No 3) [2018] FCA 2059
    CONSUMER LAW - consideration of appropriate relief where the Court previously found that the respondent contravened ss 18, 20 and 50 of the Australian Consumer Law (ACL) - whether appropriate to grant injunctive relief under s 232 of the ACL - consideration of the appropriate quantum of pecuniary penalty to be awarded under s 224 of the ACL -…
    Judge: Griffiths J
  • 20 Dec 2018: Australian Competition and Consumer Commission v Medibank Private Limited [2018] FCAFC 235
    CONSUMER LAW - misleading or deceptive conduct - whether alleged representations made - whether primary judge gave overly technical meaning to words - whether primary judge required to have regard to range of characteristics of target audience - whether primary judge failed to draw inferences from evidence - whether primary judge failed to…
    Judge: Perram, Murphy and Beach JJ
  • 20 Dec 2018: Unilever Australia Ltd v Beiersdorf Australia Ltd [2018] FCA 2076
    CONSUMER LAW - misleading or deceptive conduct contrary to s 18 Australian Consumer Law - false or misleading representations contrary to s 29(1) Australian Consumer Law - whether respondent represented to ordinary reasonable consumers of antiperspirant deodorants in Australia that its product had "similar antiperspirant efficacy" to the…
    Judge: Wigney J
  • 13 Dec 2018: Director of Consumer Affairs Victoria v Domain Register Pty Ltd (No 2) [2018] FCA 2008
    CONSUMER LAW - penalty hearing - contraventions of s 18 of the Australian Consumer Law (ACL) - injunctive relief, non-party consumer redress orders and publication orders - whether appropriate to make non-party consumer redress order under s 239 of ACL - not necessary to individually identify which persons are non-party consumers or the nature of…
    Judge: Murphy J
  • 11 Dec 2018: Australian Securities & Investments Commission v Westpac Banking Corporation (No 2) [2018] FCA 1984
    PRACTICE AND PROCEDURE - application for separate questions pursuant to r 30.01 of Federal Court Rules 2011 (Cth) - where proposed separate questions concern scope of assessment requirements under ss 128 and 129 of National Consumer Credit Protection Act 2009 (Cth)
    Judge: Perram J
  • 11 Dec 2018: Agnish Pty Limited v Folio Invest Pty Limited [2018] FCA 1992
    PRACTICE AND PROCEDURE - leave to serve outside the jurisdiction - whether requirements of r 10.43 satisfied - whether Court should exercise its discretion to grant leave
    Judge: Griffiths J
  • 7 Dec 2018: Abbott v Zoetis Australia Pty Ltd [2018] FCA 2057
    PRACTICE AND PROCEDURE - pleadings - purpose of a statement of claim in Part IVA proceedings - necessity to plead with sufficient specificity to afford procedural fairness and sufficient generality to reflect the fact that group member claims are not to be determined at initial trial - seventh version of the pleading - failure to descend to the…
    Judge: Lee J
  • 7 Dec 2018: Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2018] FCA 1981
    PRACTICE AND PROCEDURE - discovery - claims of misleading conduct and unconscionable conduct - whether documents sought relevant to pleaded case - whether discovery sought oppressive - discovery allowed
    Judge: Murphy J
  • 7 Dec 2018: Australian Competition and Consumer Commission v Birubi Art Pty Ltd (No 2) [2018] FCA 1785
    PRACTICE AND PROCEDURE - application for leave to proceed under subs 500(2) of the Corporations Act 2001 (Cth) - where serious question as to appropriate penalties for contravening conduct remains to be tried - where strong public interest in proceedings continuing - where contravening corporation has submitted to the orders of the Court save as…
    Judge: Perry J
  • 7 Dec 2018: Australian Competition and Consumer Commission v Landmark Operations Limited (t/a Seednet) [2018] FCA 1977
    CONSUMER LAW - where applicant and respondent reached agreement as to liability and applicable penalties for respondent's breach of the Australian Consumer Law - where respondent made representations about quality and capabilities of a new agricultural product on the market - consideration of principles for penalties - court approved parties'…
    Judge: O'Callaghan 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.