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

  • 18 Oct 2018: Collier v Telstra Corporation Ltd [2018] FCA 1569
    PRACTICE AND PROCEDURE - application for leave to appeal an interlocutory judgment pursuant to s 24(1A) of the Federal Court of Australia Act 1976 (Cth) - FCC Judge refused application to recuse himself on the basis of apprehended bias - whether a fair-minded lay observer might reasonably apprehend that the FCC Judge might not bring an impartial…
    Judge: Farrell J
  • 11 Oct 2018: Australian Securities and Investments Commission v One Tech Media Limited (No 4) [2018] FCA 1533
    CONTEMPT OF COURT - civil contempt - penalties - where three of the defendants admitted liability for contempt - where the Court made declarations of contempt substantially in the terms proposed by the parties - applicable principles regarding penalties
    Judge: Moshinsky J
  • 11 Oct 2018: Mineral Resources Limited v Langford [2018] FCA 1532
    PRACTICE AND PROCEDURE - interlocutory application for further and better particulars of defence - where parties agreed application should be determined on the papers
    Judge: Barker J
  • 10 Oct 2018: Reckitt Benckiser (Australia) Pty Limited v AFT Pharmaceuticals (AU) Pty Limited [2018] FCA 1552
    CONSUMER LAW - whether respondent's advertisements for analgesic drug contravened 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 goods - comparative advertising - whether…
    Judge: Gleeson J
  • 5 Oct 2018: Kraft Foods Group Brands LLC v Bega Cheese Limited (No 7) [2018] FCA 1507
    COSTS - applications against a non-party arising out of subpoena issued to non-party, whether a subpoena could be issued against a foreign corporation, and for a Sabre order - which party to bear costs
    Judge: O'Callaghan J
  • 21 Sep 2018: Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 2) [2018] FCA 1459
    EVIDENCE - whether requirements met for admissibility of survey evidence - whether requirements in s 79 of Evidence Act 1995 (Cth) met to admit evidence as opinion based on specialised knowledge - where applicants filed late affidavit evidence to overcome admissibility objections - where applicants require dispensation with rr 29.02 and 29.08 of…
    Judge: Bromwich J
  • 19 Sep 2018: Unique International College Pty Ltd v Australian Competition and Consumer Commission [2018] FCAFC 155
    CONSUMER LAW - alleged contraventions of s 21 of the Australian Consumer Law - provision of online vocational educational courses covered by the VET FEE-HELP scheme - whether appellant engaged in unconscionable system of conduct or pattern of behaviour - unconscionability as a characterisation related to human conduct by reference to conscience -…
    Judge: Allsop CJ, Middleton and Mortimer JJ
  • 19 Sep 2018: Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd (in liq) (No 4) [2018] FCA 1408
    CONSUMER LAW - alleged contraventions of ss 18 and 29 of the Australian Consumer Law - misleading or deceptive conduct in trade or commerce - false or misleading representations about goods or services - where respondent provided online vocational education services, engaging recruiters to market its services direct to consumers - whether…
    Judge: Gleeson J
  • 18 Sep 2018: Turner v MyBudget Pty Limited [2018] FCA 1407
    CONTRACT - proper construction of interest provision in consumer contract - whether it authorises respondent to take and use interest earned on client funds for its own purposes - whether breach of trust or breach of fiduciary duty - held contract authorises respondent's actions and no breach CONSUMER LAW - Australian Consumer Law s 24(1) -…
    Judge: Lee J
  • 17 Sep 2018: Stuart v Rabobank Australia Ltd [2018] FCA 1304
    PRACTICE AND PROCEDURE - application for leave to file further amended statement of claim - where pleading does not disclose any intelligible cause of action - summary dismissal under general powers of the Court - where respondents would be unfairly prejudiced by further iterations of pleadings - proceeding summarily dismissed
    Judge: Jagot 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.