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)

• 24 Sep 2025: Australian Competition and Consumer Commission v Optus Mobile Pty Limited [2025] FCA 1177
  CONSUMER LAW – unconscionable conduct in contravention of the Australian Consumer Law – misleading and deceptive conduct in the contravention of the Australian Consumer Law – where the respondent admitted to multiple contraventions of ss 18, 21 and 29 of the Australian Consumer Law – where the parties jointly proposed pecuniary penalty and other…
  Judge: O’SULLIVAN J
• 19 Sep 2025: Fisher v Isuzu Motors Ltd (No 2) [2025] FCA 1168
  REPRESENTATIVE PROCEEDINGS – opt out notice – who should pay the costs incurred in connection with the opt out process – stage in the proceedings at which notice sent – reasons why opt out at relatively early stage is appropriate – general rule that applicants should bear the costs – no reason to depart from that general rule in this case
  Judge: OWENS J
• 19 Sep 2025: Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 10) [2025] FCA 1159
  COSTS – costs orders to be made following orders for final relief under s 1101B of the Corporations Act 2011 (Cth) – where proceeding was subject to a remitter – costs of the proceeding following the remitter – whether discount to costs order warranted where Plaintiff did not succeed in establishing all allegations advanced – whether discount to…
  Judge: BUTTON J
• 18 Sep 2025: Haverkort v Qantas Airways Limited [2025] FCA 1147
  REPRESENTATIVE PROCEEDINGS – opt out notice – consideration of form of opt out notice – whether emails with opt out notice should be sent from an email address of the respondent – whether personal details (booking reference numbers and details of cancelled flights) should be included in opt out notice REPRESENTATIVE PROCEEDINGS – formulation of…
  Judge: MOSHINSKY J
• 10 Sep 2025: The Owners – Strata Plan 872321 v 3A Composites GmbH (No 9) [2025] FCA 1108
  REPRESENTATIVE PROCEEDINGS – application for extension of time to opt out of representative proceedings under s 33J and/or 33ZF of the Federal Court of Australia Act 1976 (Cth) – where applicant may be or has a bona fide claim to be a group member – where applicant sought to opt out of representative proceedings to pursue a cross-claim in the…
  Judge: ANDERSON J
• 8 Sep 2025: Australian Competition and Consumer Commission v The Good Guys Discount Warehouses (Australia) Pty Ltd [2025] FCA 1085
  CONSUMER LAW – misleading conduct – enforcement and remedies – where orders sought by consent of the parties – where respondent has made admissions of contravention – three separate categories of contravening conduct comprising separate courses of conduct – consideration of the relevant principles – whether quantum of penalty appropriate – whether …
  Judge: O'BRYAN J
• 5 Sep 2025: Australian Securities and Investments Commission v Money3 Loans Pty Ltd (No 3) [2025] FCA 1086
  CONSUMER LAW – alleged multiple contraventions of ss 47, 128, 129, 130, 131 and 133 of the National Consumer Credit Protection Act 2009 (Cth) – six vulnerable consumers financed to purchase used motor vehicles – content of various obligations to make reasonable inquiries about a consumer’s requirements and objectives and financial situation and to …
  Judge: MCELWAINE J
• 5 Sep 2025: Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 9) [2025] FCA 1070
  CORPORATIONS – final relief – where contraventions of ss 911A and 1041H of the Corporations Act 2001 (Cth) (Corporations Act) and ss 12DA and 12DB(1)(a) and (e) of the Australian Securities and Investments Commission Act 2001 (Cth) established – where relief sought under s 1101B of the Corporations Act – whether orders should be made restraining…
  Judge: BUTTON J
• 28 Aug 2025: Latitude Finance Australia v Australian Securities and Investments Commission [2025] FCAFC 124
  CONSUMER LAW – prohibitions against misleading or deceptive conduct and false or misleading representations – where applicants published a large number of newspaper, radio, and television advertisements promoting the purchase of home and electrical goods from the second applicant’s franchised stores by equal monthly payments of the purchase price…
  Judge: O'BRYAN, CHEESEMAN AND BENNETT JJ
• 29 Aug 2025: Harrold v Exactech Australia Pty Ltd [2025] FCA 1058
  COSTS – third party application for costs incurred in complying with subpoena – consideration of scope and application of r 24.22 of the Federal Court Rules 2011 (Cth) – principles for assessing loss or expense incurred – where costs applicant already discounted the amount charged to costs respondent – where costs respondent submits that documents …
  Judge: JACKMAN J

• Australian Competition and Consumer Commission (ACCC)