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)

• 20 Jan 2020: Australian Competition and Consumer Commission v Trivago N.V. [2020] FCA 16
  CONSUMER LAW - misleading or deceptive conduct - where the respondent conducted an online search and price comparison platform for travel accommodation - where the respondent's television advertisements stated that the respondent made it easy "to find the ideal hotel for the best price" - where the website presented prices from a number of…
  Judge: Moshinsky J
• 20 Dec 2019: Simpson v Thorn Australia Pty Ltd trading as Radio Rentals (No 5) [2019] FCA 2196
  REPRESENTATIVE PROCEEDINGS - application for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) - settlement approved
  Judge: Lee J
• 20 Dec 2019: Australian Securities and Investments Commission v Dover Financial Advisers Pty Ltd (No 2) [2019] FCA 2151
  CORPORATIONS - false, misleading or deceptive conduct - contraventions of s 1041H(1) of the Corporations Act 2001 (Cth) (Corporations Act) and ss 12DA(1) and 12DB(1)(i) of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) - consideration of the appropriate form of declarations - consideration of exercise of power of…
  Judge: O'Bryan J
• 20 Dec 2019: The Good Living Company Pty Limited ATF the Warren Duncan Trust No 3 v Kingsmede Pty Ltd [2019] FCA 2170
  CONSUMER LAW - application pursuant to s 21 of Sch 2 of the Competition and Consumer Act 2010 (Cth) (ACL) - where applicants provided security for bank guarantee provided under lease between a related company and the respondents - where respondents called on the bank guarantee prior to entry into deed of settlement and release - whether applicants …
  Judge: Markovic J
• 20 Dec 2019: Australian Competition and Consumer Commission v Volkswagen Aktiengesellschaft [2019] FCA 2166
  CONSUMER LAW - Volkswagen and Audi dieselgate scandal - admitted contraventions of s 29(1)(a) of the Australian Consumer Law (ACL) by Volkswagen Aktiengesellschaft - two regulatory proceedings settled as between the regulator, Australian Competition and Consumer Commission, and Volkswagen, its subsidiaries and affiliates - whether the agreed…
  Judge: Foster J
• 18 Dec 2019: West v Rane [2019] FCA 2195
  HIGH COURT AND FEDERAL COURT - application to cross-vest 12 proceedings to five different state courts - all proceedings being matters in federal jurisdiction - whether it is in the interests of justice that the matter be determined by another court - natural forum - applications adjourned until a date after the commencement of the proposed Pt IVA …
  Judge: Lee J
• 3 Dec 2019: Tong v Brancato [2019] FCA 2036
  PRACTICE AND PROCEDURE - notice of discontinuance by applicant seeking that there be no order as to costs - appropriate form of order where neither respondent had filed a notice of address for service and where no evidence that either respondent had notice of the date of the adjourned case management hearing and where neither respondent had notice …
  Judge: Robertson J
• 26 Nov 2019: Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 3) [2019] FCA 1982
  CONSUMER LAW - alleged contraventions of s 21 of the Australian Consumer Law - where respondent provided online vocational education training courses - whether respondent engaged in unconscionable system of conduct or pattern of behaviour by visiting low socio-economic communities, making false or misleading representations courses were free,…
  Judge: Bromwich J
• 22 Nov 2019: Mathews v All Options Pty Ltd [2019] FCA 1972
  PRACTICE AND PROCEDURE - appeal - application for security for costs - where orders for security only resisted against natural person appellant - whether orders for security would stultify appeal - security for costs of appeal ordered
  Judge: O'Bryan J
• 22 Nov 2019: Australian Securities and Investments Commission v Dover Financial Advisers Pty Ltd [2019] FCA 1932
  CORPORATIONS - false, misleading or deceptive conduct - contraventions of s 1041H of the Corporations Act 2001 (Cth) (Corporations Act) and ss 12DA(1) and 12DB(1)(i) of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) - relevant principles - whether representations to a class of persons or separate representations to…
  Judge: O'Bryan J

• Australian Competition and Consumer Commission (ACCC)