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
- 4 Feb 2025:
AAI Limited v The Owners - Strata Plan No 91086 [2025] FCAFC 6
PRACTICE AND PROCEDURE - application for leave to appeal from an order made under r 9.05 of the Federal Court Rules 2011 (Cth) joining the applicant insurer as a respondent - operation of s 24(1AA)(b)(i) of the Federal Court of Australia Act 1976 (Cth) prohibits any appeal - application dismissed PRACTICE AND PROCEDURE - application for leave to…
Judge: Markovic, Halley and Goodman JJ - 31 Jan 2025:
VE Property Pty Ltd v Sydney Water Corporation [2025] FCA 17
PRACTICE AND PROCEDURE - separate question - stay of proceeding - cross-vesting - respondent's application for bifurcation of the proceeding to determine liability and causation first and quantum later or to stay the proceeding - where there is a related proceeding in the Land and Environment Court of New South Wales (LEC proceeding) in which the…
Judge: Stewart J - 31 Jan 2025:
BUSS (Queensland) Pty Ltd atf The Building Unions Superannuation Scheme (Queensland) v Australian Prudential Regulation Authority [2025] FCA 31
ADMINISTRATIVE LAW - application for judicial review of decision of Australian Prudential Regulation Authority and review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether adequate alternative avenue of review available to applicant - consideration of adequacy of internal merits review processes - where circumstances…
Judge: Derrington J - 28 Jan 2025:
Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2025] FCAFC 1
CONTEMPT OF COURT - enforcement of contempt where orders not complied with by contemnor were not endorsed - principles for assessment of damages for contempt - appeal dismissed
Judge: Markovic, Lee and Abraham JJ - 24 Dec 2024:
Fenton v Monsanto Australia Pty Ltd [2024] FCA 1525
REPRSENTATIVE PROCEEDINGS - discontinuance and dismissal - where applicant in duplicative representative proceeding unsuccessful in initial trial concerning the alleged carcinogenic effects of Roundup - where applicant seeks leave to discontinue the proceeding - where respondent seeks terms on discontinuance - whether discontinuance fair and…
Judge: Lee J - 23 Dec 2024:
Gill v Ethicon Sarl (No 14) [2024] FCA 1524
REPRESENTATIVE PROCEEDINGS - settlement distribution scheme - identification of proper party to Medicare bulk payment agreements - where respondents contend they are no longer "notifiable persons" under the Health and Other Services (Compensation) Act 1995 (Cth) following settlement approval - observations as to how the "claims" of group members…
Judge: Lee J - 20 Dec 2024:
Natch v Stennson Pty Ltd (No 2) [2024] FCA 1498
COSTS - order for costs made against applicants - taxation of costs before a Registrar as taxing officer - where applicants sought discovery for the purposes of the taxation pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) (FC Rules) - where Registrar dismissed discovery application - review of Registrar's decision pursuant to s 35A(5) of …
Judge: O'Bryan J - 20 Dec 2024:
Master Wealth Control Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 171
CONSUMER LAW - misleading and deceptive conduct - where representations made in promotional materials and delivery of wealth creation course - whether representations conveyed the meaning found by the primary judge - whether statements were of opinion or fact - whether second appellant liable as accessory - whether primary judge erred as to…
Judge: Sarah C Derrington, Halley and Shariff JJ - 20 Dec 2024:
Australian Securities and Investments Commission v Macleod [2024] FCAFC 174
PRIVILEGE - legal professional privilege - third party report - investigation into accounting issues - whether report was created for the dominant purpose of providing legal advice PRIVILEGE - waiver - implied waiver - whether voluntary disclosure of report to the regulator was inconsistent with the maintenance of confidentiality in the report -…
Judge: Burley, Anderson and Meagher JJ - 19 Dec 2024:
Australian Energy Regulator v AGL Retail Energy Limited (Relief Hearing) [2024] FCA 1500
CONSUMER LAW - established contraventions of rule 31 of the National Energy Retail Rules and section 273 of the National Energy Retail Law - respondents contravened law over 16,000 times during four year period - respondents received, processed and retained amounts deducted from welfare payments after welfare recipients ceased to be customers,…
Judge: Downes J
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