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)

• 27 Mar 2023: Toyota Motor Corporation Australia Limited v Williams [2023] FCAFC 50
  CONSUMER LAW - representative proceedings - alleged defect in motor vehicle by reason of defective exhaust system - where primary judge found breach of guarantee of acceptable quality pursuant to s 54 Australian Consumer Law - consideration of proper construction of s 54 - where appellant claims statute requires regard to subjective circumstances…
  Judge: Moshinsky, Colvin and Stewart JJ
• 24 Mar 2023: Casey v DePuy International Ltd (Appeal from Independent Counsel) [2023] FCA 254
  CONSTITUTIONAL LAW - application by group member of class action - where class action settlement approved under s 33V(1) of Federal Court of Australia Act 1976 (Cth) - where settlement contemplates future disputes to be resolved by Independent Counsel - where settlement permits appeal to Federal Court from Independent Counsel's decision - where…
  Judge: Perram J
• 23 Mar 2023: Australian Communications and Media Authority v Jones [2023] FCA 246
  PRACTICE AND PROCEDURE - application for default judgment against the second respondent pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) - where second respondent failed to file notice of address for service - where second respondent failed to appear at case management hearings and interlocutory hearings - where second respondent…
  Judge: Thomas J
• 16 Mar 2023: Gill v Ethicon Sarl (No 11) [2023] FCA 229
  REPRESENTATIVE PROCEEDINGS - application for settlement approval pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) (FCA Act) - novel tender process conducted for appointment of scheme administrator - consideration of Court's supervisory and protective role in representative proceedings - need to administer settlement schemes in…
  Judge: Lee J
• 16 Mar 2023: Gill v Ethicon Sarl (No 10) [2023] FCA 228
  REPRESENTATIVE PROCEEDINGS - two open class representative proceedings brought against manufacturer and supplier of pelvic "mesh" implants - where group members afflicted by physical, psychological and psychosocial difficulties - application under s 33V of the Federal Court of Australia Act 1976 (Cth) to approve settlement - bifurcation of…
  Judge: Lee J
• 16 Mar 2023: Fowkes v Boston Scientific Corporation [2023] FCA 230
  REPRESENTATIVE PROCEEDINGS - open class representative proceeding brought against manufacturer and supplier of pelvic "mesh" implants - where group members afflicted by physical, psychological and psychosocial difficulties - application under s 33V of the Federal Court of Australia Act 1976 (Cth) to approve settlement - bifurcation of question of…
  Judge: Lee J
• 10 Mar 2023: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2023] FCA 256
  CONSUMER LAW - admitted contraventions of ss 31(1), 47(1)(a) and 47(1)(e) of the National Consumer Credit Protection Act 2009 (Cth) - pecuniary penalties sought by applicant not opposed by respondent - whether form of declarations appropriate - whether quantum of penalties appropriate
  Judge: O'Bryan J
• 2 Mar 2023: Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd (No 2) [2023] FCA 178
  PRACTICE AND PROCEDURE - interlocutory application seeking orders to vacate a sentence hearing on four charges of contempt of court for which guilty pleas have been entered - where the basis of the application is an asserted incapacity of a deponent to swear an affidavit in compliance with court orders - Held: asserted basis for incapacity not…
  Judge: Bromwich J
• 1 Mar 2023: Ford Motor Company of Australia Pty Ltd v Capic (No 2) [2023] FCA 155
  PRACTICE AND PROCEDURE - interlocutory application for an order under s 37AF of the Federal Court of Australia Act 1976 (Cth) to restrict access to and otherwise prevent disclosure of particular information in a document - where document expected to be deployed in submissions of the respondent to the appeal - where the particular information is…
  Judge: Yates J
• 27 Feb 2023: The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 6) [2023] FCA 188
  PRACTICE AND PROCEDURE - representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - application for production of documents under s 23 for data regarding product supplies - data sought to estimate total value of all class members - data sought for purpose of mediation - whether court empowered to order production…
  Judge: Wigney J

• Australian Competition and Consumer Commission (ACCC)