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)

• 24 Jun 2025: INPEX Operations Australia Pty Ltd v AkzoNobel NV (No 6) [2025] FCA 680
  PRACTICE AND PROCEDURE – proceeding on receipt of referee's report – where Court has power to adopt, reject or refer further to referee – whether Court in exercise of its discretion should seek clarification of discrete aspect of report from referee under r 28.67 of Federal Court Rules 2011 (Cth) – whether threshold of error must first be…
  Judge: BANKS-SMITH J
• 20 Jun 2025: Capic v Ford Motor Company of Australia Pty Ltd (Remitter) [2025] FCA 670
  CONSUMER LAW – representative proceedings – where the High Court remitted to the primary judge the question of the applicant’s damages for redetermination in accordance with its reasons – whether the previously determined figure for reduction in value damages should increase or decrease in light of the hypothetical reasonable consumer’s presumed…
  Judge: PERRAM J
• 10 Jun 2025: Palmer v Shipton [2025] FCA 641
  PRACTICE AND PROCEDURE - whether application for leave to appeal should be referred to Full Court - orders made for application for leave to be referred to Full Court and for application to be heard at the same time as any appeal
  Judge: COLVIN J
• 18 Jun 2025: Williams v Companies Auditors Disciplinary Board [2025] FCA 629
  ADMINISTRATIVE LAW – application for review of decision of the Companies Auditors Disciplinary Board to cancel the applicant’s registration as a company auditor – whether the Board failed to have regard to relevant considerations including the applicant’s responses and the applicant’s professional qualifications, experience and reputation – what…
  Judge: PERRY J
• 16 Jun 2025: Australian Competition and Consumer Commission v Emma Sleep GmbH [2025] FCA 618
  CONSUMER LAW – misleading and deceptive conduct and false and misleading representations about goods or services under ss 18 and 29(1)(i) of the Australian Consumer Law – agreed statement of facts – liability admitted in respect of Australian subsidiary in corporate group for certain representations – whether German parent company (Emma Sleep…
  Judge: HILL J
• 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

• Australian Competition and Consumer Commission (ACCC)