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)

• 18 May 2022: viagogo AG v Australian Competition and Consumer Commission [2022] FCAFC 87
  CONSUMER LAW - misleading or deceptive conduct - contravention of ss 18, 29(1) and/or 34 of the Australian Consumer Law - part price representations in contravention of s 48(1) of the Australian Consumer Law - where appellant contended that primary judge erred in finding three of four representations were conveyed - Held: appeal dismissed
  Judge: Yates, Abraham and Cheeseman J
• 10 May 2022: Australian Communications and Media Authority v Jones [2022] FCA 546
  PRACTICE AND PROCEDURE - interlocutory application to dispense with personal service of originating process on the first respondent - application for substituted service on first respondent - Federal Court Rules 2011 (Cth) r 10.24 - where personal service on first respondent not practicable - where reasonably probable the applicant's identified…
  Judge: Thomas J
• 6 May 2022: Xuan v Xu [2022] FCA 508
  CONSUMER LAW - application pursuant to ss 12DA and 12DB of Australian Securities and Investments Commission Act 2001 (Cth), or in the alternative s 18 of Australian Consumer Law - allegations that respondent misled applicant by making various representations as to complex and unregulated investment scheme - where majority of representations found…
  Judge: Halley J
• 5 May 2022: Australian Securities and Investments Commission v RI Advice Group Pty Ltd [2022] FCA 496
  CORPORATIONS - where respondent holds Australian Financial Services Licence - where respondent's business was targeted in cybersecurity attacks - whether respondent contravened ss 912A(1)(a) and (h) of the Corporations Act 2001 (Cth) by failing to have adequate cybersecurity risk management in place - contraventions agreed by the parties - where…
  Judge: Rofe J
• 4 May 2022: Australian Securities and Investments Commission v Lightspeed Finance Pty Ltd [2022] FCA 469
  CONSUMER LAW - action by the Australian Securities and Investments Commission seeking orders in relation to company's failure to comply with a determination by the Australian Financial Complaints Authority - whether declarations should be made - whether penalties should be imposed - how penalty to be assessed - what amount of compensation should…
  Judge: Derrington J
• 4 May 2022: Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 4) [2022] FCA 487
  PRACTICE AND PROCEDURE - application for interlocutory injunctions - balance of convenience - where public interest already significantly protected by earlier orders - where no evidence defendants continuing to engage in conduct complained of - where plaintiff rejected undertaking proffered by defendants - injunctions not granted PRACTICE AND…
  Judge: O'Callaghan J
• 4 May 2022: Australian Securities and Investments Commission v Rent 2 Own Cars Australia Pty Ltd (No 2) [2022] FCA 491
  CONSUMER LAW - consideration of the amount of a pecuniary penalty to be imposed upon a credit provider in relation to contraventions of ss 17(4), 17(5), 23(1) and 32A of the National Credit Code (the "Code"), Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth) (the "NCCP Act") - consideration of the amount of a pecuniary penalty…
  Judge: Greenwood J
• 29 Apr 2022: Australian Securities and Investments Commission v Retail Employees Superannuation Pty Ltd [2022] FCA 438
  PRACTICE AND PROCEDURE - interlocutory applications - application for discovery - application to uplift and inspect subpoenaed documents - where applicant contended respondent had put in issue its state of mind and reliance upon legal advice and thus waived legal professional privilege - where folders of documents examined by court at the request…
  Judge: O'Callaghan J
• 27 Apr 2022: Avant-Garde Logistics Solutions Pty Ltd v Productreview.com.au Pty Ltd [2022] FCA 484
  PRACTICE AND PROCEDURE - proceeding dismissed upon applicant's failure to comply with self-executing orders - interlocutory application filed prior to the proceeding's dismissal - applicant pressed interlocutory application - relief sought in interlocutory application inutile or inappropriate - interlocutory application dismissed
  Judge: Snaden J
• 26 Apr 2022: Australian Securities and Investments Commission v McCabe [2022] FCA 475
  CORPORATIONS - application for travel restriction orders under s 1323(1) of the Corporations Act 2001 (Cth) - where the first defendant is the subject of an ASIC investigation into alleged contraventions of s 1041G of the Act - where travel restriction is necessary or desirable to protect interests of aggrieved persons - application granted
  Judge: Markovic J

• Australian Competition and Consumer Commission (ACCC)