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)

• 11 Oct 2019: Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2019] FCA 1677
  CONSUMER LAW - whether, by terms upon which mobile, internet and home telephone service plans were offered on the respondent's website, the respondent telecommunication provider engaged in misleading or deceptive conduct - reasonable or ordinary consumer - meaning of "prepayment" - whether respondent contravened ss 18(1), 29(1)(b) and (i), and 34…
  Judge: O'Callaghan J
• 8 Oct 2019: Agnish Pty Limited v Folio Invest Pty Limited (No 3) [2019] FCA 1650
  Judge: Griffiths J
• 8 Oct 2019: Australian Competition and Consumer Commission v Smart Corporation Pty Ltd [2019] FCA 1603
  PRACTICE AND PROCEDURE - application for discovery - failure to comply with court orders - failure to provide satisfactory explanation for inability to produce documents - evidence of business practices regarding destruction of records unsatisfactory - inconsistencies in evidence - application successful
  Judge: Jackson J
• 4 Oct 2019: Australian Securities and Investments Commission v Helou [2019] FCA 1634
  CORPORATIONS - multiple regulatory enforcement proceedings - breaches of duties of directors and officers - ASIC proceedings against chief executive officer and chief financial officer for disqualification orders - earlier ASIC proceedings against corporate entity - separate ACCC proceedings against corporate entity and officers for…
  Judge: Beach J
• 23 Sep 2019: Cantor v Audi Australia Pty Limited (No 4) [2019] FCA 1633
  PRACTICE AND PROCEDURE - suppression orders - whether the names of certain individuals implicated in the Volkswagen diesel emissions scandal should be suppressed - whether certain technical data and specifications and motor vehicle engine software codes and engine maps in respect of Volkswagen, Audi and Skoda diesel motor vehicles should be…
  Judge: Foster J
• 20 Sep 2019: Inabu Pty Ltd as trustee for the Alidas Superannuation Fund v CIMIC Group Limited [2019] FCA 1547
  COSTS - costs orders - hearing vacated due to belated issue of subpoenas - indemnity costs - lump sum costs -costs where stay application not determined on its merits
  Judge: Jagot J
• 20 Sep 2019: Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2019] FCAFC 164
  CORPORATIONS - whether the appellant contravened cl 15(1)(b) of the Franchising Code (Schedule 1 to the Competition and Consumer (Industry Codes - Franchising) Regulation 2014) - ambiguity in cl 15(1)(b) - whether the disclosure documents provided sufficient detail regarding expenditure - no error found in appellant's contravention of cl 15(1)(b)…
  Judge: Allsop CJ, Jagot and Abraham JJ
• 20 Sep 2019: Australian Competition and Consumer Commission v Cornerstone Investment Aust Pty Ltd (in liq) (No 5) [2019] FCA 1544
  CONSUMER LAW - contraventions of the Australian Consumer Law (ACL), being Sch 2 to the Competition and Consumer Act 2010 (Cth) - application for declarations, pecuniary penalties, a consumer redress order, compensatory orders and costs - systemic and individual breaches of the ACL - whether the second applicant suffered loss as a result of the…
  Judge: Gleeson J
• 20 Sep 2019: Australian Prudential Regulation Authority v Kelaher [2019] FCA 1521
  SUPERANNUATION - whether two entities and their directors contravened s 52 and s 52A of the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) - trustee's duties - duties of trustee directors - alleged contraventions of statutory covenants - care, skill and diligence - best interests of the beneficiaries - conflicts of interest -…
  Judge: Jagot J
• 16 Sep 2019: Australian Securities and Investments Commission v Gallop International Group Pty Ltd, in the matter of Gallop International Group Pty Ltd [2019] FCA 1514
  CORPORATIONS -allegations that two companies contravened s 911A and s 1041H of the Corporations Act 2001 (Cth) and s 12DA and s 12DB(1)(e) of the Australian Securities and Investments Commission Act 2001 (Cth) - whether the companies conducted a business in this jurisdiction without holding an Australian Financial Services Licence - where…
  Judge: Charlesworth J

• Australian Competition and Consumer Commission (ACCC)