Commercial and Corporations
Regulator and Consumer Protection Sub-area
About this Sub-Area
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).
Practice Notes
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
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:
General practice notes: |
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Guides: |
Forms, Rules & Fees
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:
| Forms: |
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| Rules: |
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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).
Legislation
- 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)
Latest Judgments
- 15 Sep 2026:
Phillips in his Capacity as the Personal Representative of the Estate of Dann v Chief Executive Officer (Housing) (Northern Territory) (No 2) [2026] FCA 1346
PRACTICE AND PROCEDURE – where Court ordered further particulars be provided to reflect evidence upon which the respondent proposed to rely – amendments alleged to substantially add to issues to be tried for first time shortly before trial – alleged prejudice – prejudice not established on the evidence – leave granted
Judge: CHARLESWORTH J - 8 Sep 2026:
Australian Securities and Investments Commission v Choosi Pty Ltd, in the matter of Choosi Pty Ltd (liability) [2026] FCA 1196
CONSUMER LAW – contraventions of ss 12DB(1)(a), 12DB(1)(e) and 12DF of the Australian Securities and Investments Commission Act 2001 (Cth) – where defendant caused to be published or broadcast a large number of television advertisements, television advertorials, Facebook advertisements and website content in Australia – where material promoted the …
Judge: ANDERSON J - 31 Aug 2026:
Australian Securities and Investments Commission v Prakash (No 2) [2026] FCA 1267
PRACTICE AND PROCEDURE – suppression orders – ss 37AF and 37AG of the Federal Court of Australia Act 1976 (Cth) – where ongoing investigation by the Australian Securities and Investments Commission regarding alleged conduct giving rise to defendants’ suspected contraventions of Australian Securities and Investments Commission Act 2001 (Cth),…
Judge: MEAGHER J - 1 Sep 2026:
Australian Securities and Investments Commission v BSF Solutions Pty Ltd (Lump Sum Costs) [2026] FCA 1294
COSTS – quantum of lump sum costs – where applicant’s estimate of costs is supported by the affidavit of an experienced costs consultant – where the costs sought by the applicant represent a discount of around 39% from its total costs – where the respondents’ objections to the costs claimed are not justified in light of the evidence of the costs…
Judge: JACKMAN J - 31 Aug 2026:
Top Ryde Financial Services Pty Ltd v Rams Financial Group Pty Limited (Trial Management) [2026] FCA 1271
PRACTICE AND PROCEDURE – complicated class action with myriads of legal issues – necessity to simplify the basis upon which the case is conducted – further short submissions ordered identifying the essential elements of the case of the applicants – responsive document to provide clarity UNCONSCIONABLE CONDUCT – breach of contract – franchising…
Judge: LEE J - 27 Aug 2026:
Commissioner of the NDIS Quality and Safeguards Commission v Peters (Penalty and Other Relief) [2026] FCA 1241
CIVIL PENALTY – where respondent convicted of seven counts of dishonestly obtaining a financial advantage by deception – where respondent breached a banning order issued under s 73ZN(2)(b) of the National Disability Insurance Scheme Act 2013 (Cth) – where respondent contravened s 73ZN(10) of the National Disability Insurance Scheme Act 2013 (Cth)…
Judge: SHARIFF J - 25 Aug 2026:
Australian Competition and Consumer Commission v eHarmony, Inc [2026] FCA 1208
CONSUMER LAW – misleading or deceptive conduct – false or misleading representations about goods or services – where respondent provided online dating services through website and mobile phone apps – where consumers could register as “Basic” members with limited access to features of Platform – where paid subscription as “Premium” member was…
Judge: HORAN J - 20 Aug 2026:
True EV Distribution Pty Ltd v Shenzhen Xiaopeng Motors Supply Chain Management Co Ltd (No 4) [2026] FCA 1200
PRACTICE AND PROCEDURE – application to set aside existing order dismissing proceeding – where proceeding dismissed automatically on non-payment of security for costs – where applicants’ evidence does not establish that there has been any material change of circumstances regarding ability to raise finance since proceeding dismissed – no sufficient …
Judge: JACKMAN J - 20 Aug 2026:
Holt v Mitsubishi Motors Corporation (No 2) [2026] FCA 1191
PRACTICE AND PROCEDURE – application to amend pleadings – where applicants have already filed evidence – where respondents’ evidence is at an advanced stage of preparation – where lack of adequate explanation for delay – where any prejudice can be ameliorated by an order for costs – where other issues raised are better determined at final hearing…
Judge: JACKMAN J - 20 Aug 2026:
Australian Securities and Investments Commission v Netwealth Investments Limited [2026] FCA 1186
CORPORATIONS – duty under s 912A(1)(a) of the Corporations Act 2001 (Cth) to do all things necessary to ensure that the financial services covered by a financial services licence were provided efficiently, honestly and fairly – where plaintiff alleges that the defendants contravened ss 912A(1)(a) and 912A(5A) of the Act in operating the Netwealth…
Judge: MCEVOY J
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Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.
National Coordinating Judges
- Markovic J
- Halley J
- Downes J
- Neskovcin J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis





