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 Jul 2024: Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 3) [2024] FCA 822
  CORPORATIONS - previous ex parte orders appointing receivers - previous ex parte freezing orders - defendants conducted business in Australia and overseas - funds invested in cryptocurrency assets - whether Court should rescind and discharge orders appointing receivers and freezing orders - whether duty of candour discharged by Australian…
  Judge: Collier J
• 25 Jul 2024: McNickle v Huntsman Chemical Company Australia Pty Ltd (Initial Trial) [2024] FCA 807
  REPRESENTATIVE PROCEEDINGS - class action concerning the alleged carcinogenic effects of Roundup produced by the Monsanto Company - initial trial of common questions - general causation - whether use of or exposure to Roundup products which contained glyphosate increases risk of developing non-Hodgkin lymphoma (NHL) - where ten expert conclaves…
  Judge: Lee J
• 24 Jul 2024: INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 2) [2024] FCA 815
  PRACTICE AND PROCEDURE - application to inspect documents produced in response to notice to produce issued to applicants - inspection resisted on basis communications in documents subject to legal professional privilege - communications to scientists from firm of lawyers engaged in separate proceedings - some factual overlap in proceedings - where …
  Judge: Banks-smith J
• 19 Jul 2024: The Owners - Strata Plan 87231 v 3A Composites GmbH (No 7) [2024] FCA 788
  PRACTICE AND PROCEDURE - representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - whether Merck orders should be made to include three disputed common questions - whether disputed common questions require consideration of individual circumstances - whether any prejudice to respondents - initial trial to include…
  Judge: Wigney J
• 19 Jul 2024: Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd (Penalty) [2024] FCA 795
  CONSUMER LAW - remedies - disqualification order - civil penalty - non-party consumer redress order - injunctive relief PRACTICE AND PROCEDURE - leave to amend originating application - where amendment would substantially increase extent of penalty to which second defendant exposed - where second defendant did not give evidence at liability…
  Judge: Jackman J
• 19 Jul 2024: Australian Securities and Investments Commission v American Express Australia Limited [2024] FCA 784
  CORPORATIONS - design and distribution obligations in Part 7.8A of the Corporations Act 2001 (Cth) - joint submissions on liability - where defendant admits two conventions of ss 994C(4) and 994C(5) of the Act - where contraventions relate to two credit cards distributed to customers in David Jones stores - whether knowledge requirement in chapeau …
  Judge: Jackman J
• 18 Jul 2024: Australian Competition and Consumer Commission v Grays Ecommerce Group Limited [2024] FCA 771
  CONSUMER LAW - civil penalties - false and misleading representations made by respondent in relation to motor vehicles sold on online auction platform - where parties agreed to proposed declarations and other orders including order imposing pecuniary penalty of $10 million - whether proposed pecuniary penalty within range necessary to achieve…
  Judge: Nicholas J
• 18 Jul 2024: Australian Securities and Investments Commission v SunshineLoans Pty Ltd (No 3) [2024] FCA 786
  PRACTICE AND PROCEDURE - application for recusal - regulator's proceeding for the imposition of a civil penalty - where hearing in relation to liability split from hearing in relation to penalty - where credibility findings made against respondent in the reasons relating to the determination of liability - where respondent is to give evidence and…
  Judge: Derrington J
• 16 Jul 2024: Australian Communications and Media Authority v V Marketing Australia Pty Ltd (in Liq) (No 3) [2024] FCA 817
  PRACTICE AND PROCEDURE - application for leave to amend defence - r 16.53 Federal Court Rules 2011 (Cth) - where application involves leave to withdraw an admission - principles of amendment of pleadings - s 37M Federal Court of Australia Act 1976 (Cth) - allocation of Court time
  Judge: Logan J
• 5 Jul 2024: Casey v DePuy International Ltd (No 4) [2024] FCA 724
  CONTRACTS - expert determination only reviewable for error of law - whether expert owed duty to accord procedural fairness - where no such duty owed - whether expert applied correct test of causation - whether expert erred in treatment of evidence - where no error of law established - application dismissed
  Judge: Markovic J

• Australian Competition and Consumer Commission (ACCC)