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)

• 11 Jul 2019: Crescent Capital Partners Management Pty Limited v Crescent Funds Management (Aust) Limited [2019] FCA 1082
  COSTS - application for award of costs on a lump-sum basis for costs of trial and two appeal proceedings - where Registrar had issued estimates in trial proceeding and one appeal proceeding - where bills of costs prepared in each proceeding - whether estimate for work done for taxation should be excluded - whether counsels' fees should be reduced…
  Judge: Markovic J
• 10 Jul 2019: Capic v Ford Motor Company of Australia Limited (Costs Forthwith) [2019] FCA 1065
  COSTS - application by respondent for dismissal of its application for anti-suit injunction - whether applicant should pay costs of application COSTS - application for costs payable forthwith - where respondent obtained multiple costs orders on various interlocutory applications - whether circumstances justify departure from ordinary rule in…
  Judge: Perram J
• 5 Jul 2019: Australian Competition and Consumer Commission v Woolworths Limited [2019] FCA 1039
  CONSUMER LAW - representations of "biodegradable and compostable" made on labelling of disposable dish and cutlery products sold by respondent - identification of nature of representations - whether representations were as to "future matters" within meaning of s 4 of the Australian Consumer Law - consideration of meanings of "future matter" and…
  Judge: Mortimer J
• 2 Jul 2019: Agnish Pty Limited v Folio Invest Pty Limited (No 2) [2019] FCA 1041
  PRACTICE AND PROCEDURE - interlocutory application for deemed service and substituted service under rr 10.48 and 10.49 of the Federal Court Rules 2011 (Cth) - where the third respondent resides in Sierra Leone - where four attempts to personally serve the third respondent in Sierra Leone were unsuccessful - where the third respondent has…
  Judge: Griffiths J
• 2 Jul 2019: JKC Australia LNG Pty Ltd v AkzoNobel NV [2019] FCA 1032
  PRACTICE AND PROCEDURE - application for release of the implied undertaking to the Court in relation to particular documents obtained by discovery - application granted
  Judge: Banks-smith J
• 28 Jun 2019: Southernwood v Brambles Limited [2019] FCA 1021
  REPRESENTATIVE PROCEEDINGS - two overlapping open securities class actions against the same respondent making the same claims on behalf of the same class members - parties seeking different orders to deal with the multiplicity of proceedings - respondent seeks permanent stay of one proceeding, one applicant seeks consolidation of the proceedings,…
  Judge: Murphy J
• 28 Jun 2019: Australian Competition and Consumer Commission v Kimberly-Clark Australia Pty Ltd [2019] FCA 992
  CONSUMER LAW - misleading and deceptive conduct - where the applicant alleges contraventions of ss 18, 29(1) and 33 of the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) arising out of the respondent's promotion of flushable wipes - where the applicant alleges that flushable wipes caused harm to…
  Judge: Gleeson J
• 26 Jun 2019: Australian Competition and Consumer Commission v Birubi Art Pty Ltd (in liq) (No 3) [2019] FCA 996
  CONSUMER LAW - contraventions of ss 29(1)(a), 33, Australian Consumer Law (ACL) - where respondent wholesaler engaged in conduct likely or liable to mislead or deceive potential purchasers by implying that five product lines were hand-painted by Australian Aboriginal persons and were made in Australia - consideration of principles for assessing…
  Judge: Perry J
• 20 Jun 2019: Construction, Forestry, Maritime, Mining and Energy Union v DP World Sydney Ltd [2019] FCAFC 99
  INDUSTRIAL LAW - protected action ballot - application for the extension of time under s 443(5) of the Fair Work Act for the giving of notice of the taking of industrial action - was the decision of the Full Bench of the Fair Work Commission subject to jurisdictional error -whether the Deputy President had exercised discretion upon finding…
  Judge: Rares, Jagot and Bromwich JJ
• 19 Jun 2019: Commonwealth of Australia v Harrison [2019] FCA 937
  EDUCATION - multiple alleged contraventions of the National Vocational Education and Training Regulator Act 2011 (Cth) - where, among other things, the respondent offered to provide Vocational Education and Training (VET) courses or parts of VET courses, and purported to issue VET statements of attainment and VET qualifications, when the…
  Judge: Perry J

• Australian Competition and Consumer Commission (ACCC)