Regulator and Consumer Protection Sub-area
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
- 16 Jul 2025:
Anderson v Morgan Crest Pty Ltd trading as Ray White Benalla [2025] FCA 817
APPEAL − appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) – whether the primary judge took into account the appellant’s submissions – whether case law cited by the appellant was appropriately considered– where the primary judge refused the appellant’s adjournment request – whether refusal of adjournment…
Judge: ROFE J - 16 Jul 2025:
Natch v Stennson Pty Ltd (No 5) [2025] FCA 807
COSTS – where application pursuant to r 40.34 of the Federal Court Rules 2011 (Cth) for review of a taxation allowed – appropriate adjustments to be made to the certificate of taxation – consideration of the appropriate order to be made in respect of the costs of the taxation review
Judge: O'BRYAN J - 11 Jul 2025:
Casey v General Motors Australia and New Zealand Pty Ltd [2025] FCA 772
REPRESENTATIVE PROCEEDINGS – practice and procedure – application to strike-out further amended statement of claim – claim brought in relation to allegedly defective transmission components under guarantee of acceptable quality under s 54 of the Australian Consumer Law – whether claim based on symptomology rather than aetiology – whether claim…
Judge: ANDERSON J - 11 Jul 2025:
Rafiei Commercial Pty Ltd v Dokt (Interlocutory injunction) [2025] FCA 764
PRACTICE AND PROCEDURE – application for interlocutory relief – whether prima facie case of breach of s 18 of the Australian Consumer Law or tort of deceit – whether posts to Google reviews and X in trade or commerce – whether balance of convenience favours interlocutory relief – interlocutory relief granted
Judge: DOWLING J - 9 Jul 2025:
Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 8) [2025] FCA 741
BANKING AND FINANCIAL INSTITUTIONS – whether entity associated with the Second Defendant conducted a financial services business without an Australian financial services licence – whether statutory definition of debenture in s 9 of the Corporations Act 2001 (Cth) (Corporations Act) is only satisfied where the arrangement would be recognised as a…
Judge: BUTTON J - 10 Jul 2025:
BSF Solutions Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 88
CONSUMER LAW – appeal from findings of contraventions of the National Consumer Credit Protection Act 2009 (Cth) ss 29, 32 – whether first and second appellants were conducting a shared business model – whether fees charged by second appellant were charges made for the provision of credit by the first appellant – whether first and second appellants …
Judge: ANDERSON, CHEESEMAN AND ROFE JJ - 10 Jul 2025:
Australian Securities and Investments Commission v ACBF Funeral Plans Pty Ltd, in the matter of ACBF Funeral Plans Pty Ltd (No 2) [2025] FCA 756
CONSUMER LAW – misleading or deceptive conduct – where the representor engaged in conduct in contravention of s 12DA and 12DB of the Australian Securities and Investments Commission Act 2001 (Cth) by making misrepresentations that the provider of an insurance product was an Aboriginal owned and managed entity – appropriate penalty
Judge: GOODMAN J - 8 Jul 2025:
Preece v Aristocrat Leisure Limited [2025] FCA 742
REPRESENTATIVE PROCEEDINGS – Application seeking orders for opt out and group member registration for the purposes of soft class closure orders – registration opposed by applicants – where registration not necessary to facilitate settlement – unreliability of information obtained through registration – material cost of registration regime –…
Judge: ANDERSON J - 4 Jul 2025:
Australian Securities and Investments Commission v TerraCom Limited [2025] FCA 726
CORPORATIONS – whether defendants contravened s 1309(2) of the Corporations Act 2001 (Cth) (the Act) – whether false or misleading information was given to the ASX – where alleged that ASX announcements gave rise to four ‘exoneration representations’ and three ‘no customer complaint’ representations – where each of ‘exoneration representations’…
Judge: JACKMAN J - 24 Jun 2025:
INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 6) [2025] FCA 680
PRACTICE AND PROCEDURE – proceeding on receipt of referee's report – where Court has power to adopt, reject or refer further to referee – whether Court in exercise of its discretion should seek clarification of discrete aspect of report from referee under r 28.67 of Federal Court Rules 2011 (Cth) – whether threshold of error must first be…
Judge: BANKS-SMITH J
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National Coordinating Judges
- Derrington J
- Banks-Smith J
- Cheeseman J
National Coordinating Registrars
- Tim Luxton
- Jacinta Ellis