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)

• 29 May 2025: Bist v Cyan Stone Clydesdale Estate 1 Pty Ltd (in liquidation) (No 3) [2025] FCA 577
  REPRESENTATIVE PROCEEDINGS — where vendors advertised property development to general public — where 150 lots were subject to “off the plan contracts” with group members — where seventh respondent incorporated as special purpose vehicle for acquisition of property development from vendors — where vendors and seventh respondent entered contract of…
  Judge: JACKMAN J
• 5 Jun 2025: Australian Securities and Investments Commission v Auto & General Insurance Company Limited [2025] FCAFC 76
  CONSUMER LAW – standard form home and contents insurance contract – whether contractual term requiring the insured to inform the insurer “if anything changes while you’re insured with us” is an unfair term within the meaning of s 12BG(1)(a) of the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) –consideration of the…
  Judge: DERRINGTON, O'BRYAN AND CHEESEMAN JJ
• 5 Jun 2025: Brookfield v Registrar of Personal Property Securities [2025] FCA 591
  PRACTICE AND PROCEDURE – Application to extend the time within which to appeal decision of Federal Court pursuant to r 36.05 of the Federal Court Rules 2011 (Cth) – Where length of delay is not significant – Whether explanation for delay is satisfactory – Prospects of success – Prejudice
  Judge: MEAGHER J
• 4 Jun 2025: Simmons v Giezekamp [2025] FCA 584
  COSTS – where proceedings settled save as to costs – where no hearing on the merits – where respondents effectively capitulated or surrendered – where several attempts by third respondent to resolve dispute – costs awarded
  Judge: THAWLEY J
• 2 Jun 2025: Green v Johnson and Johnson Pacific Pty Ltd [2025] FCA 583
  PRACTICE AND PROCEDURE – representative proceeding – pleadings – strike out application – where the respondent sold medication for cold and flu – where the applicant alleged that the packaging stated that the products provided effective relief from a blocked nose etc – where the applicant alleged that in and by the packaging, the respondent’s…
  Judge: MOSHINSKY J
• 27 May 2025: R and N Hunter Pty Ltd ATF The Hunter Family Superannuation Fund v Count Financial Limited [2025] FCA 544
  REPRESENTATIVE PROCEEDINGS – financial services – application brought by applicant on its own behalf and on behalf of group members – consideration of conflicted remuneration following the introduction of the Future of Financial Advice reforms (FoFA reforms) – whether practice of financial advisers (Representatives) of a financial services…
  Judge: HALLEY J
• 27 May 2025: Australian Competition and Consumer Commission v Productivity Partners Pty Ltd (trading as Captain Cook College) (in administration) (No 6) [2025] FCA 542
  CONSUMER LAW – remedies – assessment of appropriate civil penalties against two corporate respondents in administration and one individual respondent – whether findings of systemic unconscionable conduct constitute a single contravention or multiple contraventions for the purpose of calculating the maximum penalty – whether disqualification order…
  Judge: STEWART J
• 27 May 2025: Ergon Energy Queensland Pty Ltd v Australian Energy Regulator [2025] FCA 541
  CONSUMER LAW – validity of notice under s 206 of the National Energy Retail Law – investigation of possible contravention of section 273 of the National Energy Retail Law and rule 31 of the National Energy Retail Rules – applicant said to have received amounts automatically deducted from customer’s social security payments after customers ceased…
  Judge: MOORE J
• 27 May 2025: Australian Securities and Investments Commission v ASX Limited [2025] FCA 552
  PRIVILEGE – application challenging claim of legal professional privilege – dominant purpose test – whether conduct inconsistent with maintenance of confidentiality – implied waiver – application dismissed
  Judge: MARKOVIC J
• 26 May 2025: Its Eco Pty Ltd v BPS Financial Limited (Settlement Approval) [2025] FCA 545
  REPRESENTATIVE PROCEEDINGS – application for approval of settlement of proceeding – terms of settlement included transfer of cryptocurrency (namely Qoin Tokens) to group members after 40% of pool transferred to litigation funder – whether Qoin Tokens are money within meaning of section 33V(2) Federal Court of Australia Act 1976 (Cth)
  Judge: DOWNES J

• Australian Competition and Consumer Commission (ACCC)