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)

• 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
• 19 Aug 2026: AGL Retail Energy Limited v Australian Energy Regulator [2026] FCAFC 106
  CONSUMER LAW – appeal from declarations of contraventions of r 31 of the National Energy Retail Rules and s 273 of the National Energy Retail Law and other orders – whether primary judge erred in construction and application of r 31 – whether necessary to assert an entitlement to payment – whether affected customers were “small customers” for the…
  Judge: MARKOVIC, MCEVOY AND YOUNAN JJ
• 19 Aug 2026: Fewstone Pty Ltd v Australian Competition and Consumer Commission [2026] FCAFC 104
  CONSUMER LAW – appeal as to quantum of pecuniary penalties – admitted contraventions of Schedule 2 of the Competition and Consumer Act 2010 (Cth) – supply of products that failed to comply with the Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020 and the Consumer Goods (Products Containing Button/Coin Batteries)…
  Judge: COLLIER, NESKOVCIN AND MOORE JJ
• 17 Aug 2026: Donnelly v Allergan Australia Pty Limited [2026] FCA 1148
  PRACTICE AND PROCEDURE – application to strike out portions of defence – alternatively, application for determination of a separate question – where applicant contends issue raised by respondents’ defence is unarguable or, if arguable, capable of final determination in the absence of evidence CONSUMER LAW – allegation in proceedings that breast…
  Judge: OWENS J
• 13 Aug 2026: Australian Securities and Investments Commission v McPherson’s Limited [2026] FCA 1130
  CORPORATIONS – breach of continuous disclosure obligations – whether the first defendant, McPherson’s Limited (MCP) contravened s 674(2) of the Corporations Act 2001 (Cth) by failing to disclose particular information in connection with its financial forecast to the Australian Securities Exchange (ASX) – whether the information was information to…
  Judge: MARKOVIC J
• 12 Aug 2026: True EV Distribution Pty Ltd v Shenzhen Xiaopeng Motors Supply Chain Management Co Ltd (No 3) [2026] FCA 1136
  PRACTICE AND PROCEDURE – application for dismissal of proceedings on the ground that security for costs has not been paid – where first tranche of security was paid 26 days late – where second tranche was due 12 days before date of this judgment and had not been paid by date of this judgment – where applicants’ evidence demonstrates that there is…
  Judge: JACKMAN J
• 12 Aug 2026: X Corp v eSafety Commissioner [2026] FCA 1123
  COMMUNICATIONS LAW – X Corp is a “social media service” as defined under ss 5 and 13 of the Online Safety Act 2021 (Cth) – whether X Corp (as the eSafety Commissioner contends) is required to comply with the Online Safety (Relevant Electronic Services – Class 1A and Class 1B Material) Industry Standard 2024 (Cth) – where it is agreed that X Corp…
  Judge: RAPER J

• Australian Competition and Consumer Commission (ACCC)