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)

• 2 Jun 2020: Tox Free Solutions Limited v Kumarasamy [2020] FCA 762
  PRACTICE AND PROCEDURE - pleadings - application for further and better particulars - where respondents have not yet filed a defence - whether necessary or desirable - no justification for order for further and better particulars before defence - application dismissed
  Judge: Jackson J
• 1 Jun 2020: The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 3) [2020] FCA 748
  CONSUMER LAW - representative proceedings pursuant to Pt IVA of the Federal Court of Australia Act 1976 (Cth) - where applicant alleges products were not fit for purpose or not of merchantable or acceptable quality - where applicant claims loss or damage suffered arising out of defective building work - claims for statutory compensation and…
  Judge: Wigney J
• 28 May 2020: Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716
  CONSUMER LAW - unfair contract terms within the meaning of s 12BG(1) of the Australian Securities and Investments Commission Act 2001 (Cth) (Act) - where bank concedes impugned terms unfair - where parties seek declarations under ss 12BF, 12BG and 12GND, and variations of contract terms under s 12GNB of the Act - principles governing question of…
  Judge: Gleeson J
• 28 May 2020: Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd (No 2) [2020] FCA 724
  CONSUMER LAW - where parties agreed on the penalty and declarations to be made following admitted contraventions of ss 18, 29(1) and 33 of the Australian Consumer Law - where the respondents had conveyed by implied representation that there were material differences between two products, Osteo Gel and Emulgel, when in fact they were the same -…
  Judge: Bromwich J
• 25 May 2020: Gill v Ethicon Sarl (No 7) [2020] FCA 700
  COSTS -- indemnity costs -- application that 90% of costs awarded to applicants be paid on an indemnity basis -- where respondents denied allegations that medical devices they manufactured and sold could cause certain complications when admissions made in cross-examination that they had known they could since before any of the devices were…
  Judge: Katzmann J
• 22 May 2020: Essential Energy v Rose [2020] FCA 722
  HIGH COURT AND FEDERAL COURT - Federal jurisdiction - issue in relation to jurisdiction of Federal Court in preliminary discovery matters - consideration of jurisdiction of Federal Court generally PRACTICE AND PROCEDURE - application for leave to appeal - whether reasonable prospects of success - whether trial judge's decision attended by…
  Judge: Lee J
• 15 May 2020: Cantor v Audi Australia Pty Limited (No 6) [2020] FCA 658
  Judge: Foster J
• 12 May 2020: Australian Competition and Consumer Commission v Bupa Aged Care Australia Pty Ltd [2020] FCA 602
  CONSUMER LAW - admitted contraventions of Australian Consumer Law - whether agreed pecuniary penalty appropriate having regard to all relevant circumstances - consideration of relevant matters in determining amount of pecuniary penalty - orders made in accordance with parties' proposal
  Judge: Mortimer J
• 11 May 2020: West v Rane (No 2) [2020] FCA 616
  REPRESENTATIVE PROCEEDINGS - where a large number of individual proceedings with a common issue have been commenced separately in Federal Court and various state courts - where applicants in those various proceedings are also group members in one of three extant class actions in this Court - course that should be taken in relation to the…
  Judge: Lee J
• 6 May 2020: Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd [2020] FCA 598
  COSTS - application for indemnity costs by successful second respondent Colgate-Palmolive Pty Ltd against unsuccessful appellant regulator Australian Competition and Consumer Commission - whether the Commission, properly advised, should have known that the appeal was bound to fail and therefore it was unreasonable to have commenced or continued it …
  Judge: Bromwich J

• Australian Competition and Consumer Commission (ACCC)