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)

• 13 Aug 2025: Australian Securities and Investments Commission v National Australia Bank [2025] FCA 947
  BANKING AND FINANCIAL INSTITUTIONS – alleged contraventions of s 72(4) of the National Credit Code, being Schedule 1 to the National Consumer Credit Protection Act 2009 (Cth) – failure to provide a written response to hardship notices given by customers within the statutory timeframe under s 72(5) of the Code – admitted contraventions – where…
  Judge: NESKOVCIN J
• 13 Aug 2025: Australian Securities and Investments Commission v TerraCom Limited (No 2) [2025] FCA 959
  COSTS – whether indemnity costs payable for period before expiry of offer of compromise because of certainty of failure – whether regulator in a special position in resisting indemnity costs – where plaintiff accepts it should pay second to fifth defendants’ costs on party-party basis until 19 June 2025 and on indemnity basis thereafter –…
  Judge: JACKMAN J
• 12 Aug 2025: Australian Securities and Investments Commission v Darranda Pty Ltd (Penalty) [2025] FCA 938
  CONSUMER LAW – consumer credit – fixing pecuniary penalty – declarations that First Respondent contravened s 24(1)(a) of the National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth) (Credit Act)) – declarations that First Respondent contravened s 47(1)(a) of the Credit Act – declarations that Second Respondent was…
  Judge: HESPE J
• 8 Aug 2025: Kitoko v University of Technology Sydney (No 3) [2025] FCA 915
  PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where application for leave to appeal is more than three years out of time – where no adequate explanation provided for the delay – prejudice to the respondents – proposed appeal has insufficient prospects of success – application dismissed – timetable made for…
  Judge: SHARIFF J
• 8 Aug 2025: Kitoko v Sydney Local Health District [2025] FCA 914
  PRACTICE AND PROCEDURE – interlocutory application for summary judgment and dismissal of the applicant’s originating application – where the applicant repeats claims previously considered and dismissed by the Supreme Court of New South Wales (SC Proceedings) – where the parties to the present proceedings are identical to the parties in the SC…
  Judge: SHARIFF J
• 7 Aug 2025: Australian Securities and Investments Commission v eToro Aus Capital Limited (No 2) [2025] FCA 904
  PRACTICE AND PROCEDURE – application to rely on late evidence – where respondent sought to file expert evidence six months after date specified in orders – where delay arose from underestimation of respondent’s capacity to prepare expert evidence – whether late evidence is of utility – where questions of relevance arose at interlocutory hearing –…
  Judge: STELLIOS J
• 4 Aug 2025: Capic v Ford Motor Company of Australia Pty Ltd (Costs of Remitter) [2025] FCA 891
  COSTS – representative proceedings – where the High Court remitted to the primary judge the question of the applicant’s damages for redetermination – costs orders in respect of the remitter
  Judge: PERRAM J
• 28 Jul 2025: Australian Competition and Consumer Commission v Webjet Marketing Pty Ltd [2025] FCA 867
  CONSUMER LAW – misleading or deceptive conduct – where the respondent represented to consumers on its website, via email and on its social media accounts that they could purchase airfares for promoted prices – where the respondent represented to certain consumers that their airfare bookings were confirmed – where the respondent admitted that it…
  Judge: BUTTON J
• 29 Jul 2025: Kheir Group Pty Ltd v Panoramic Resources Ltd [2025] FCA 868
  PRACTICE AND PROCEDURE – application for leave under s 168(7) of the Evidence Act 1995 (Cth) to make requests under s 167(c) – requests to verify authenticity of documents made out of time – where request made one year after time specified in s 168(5) – where explanation of delay is inadequate – where documents relating to request allegedly not in …
  Judge: STELLIOS J
• 29 Jul 2025: Karpik v Carnival plc (The Ruby Princess) [2025] FCAFC 96
  CONSUMER LAW – cross-appeal – purpose guarantee in s 61(1) and result guarantee in s 61(2) of the Australian Consumer Law (ACL) – alleged error in finding that purpose and result of acquiring services was to have a “safe, relaxing and pleasurable cruise” – potential overlap of purpose guarantee and result guarantee – grounds of cross-appeal not…
  Judge: MARKOVIC, SARAH C DERRINGTON AND JACKSON JJ

• Australian Competition and Consumer Commission (ACCC)