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)

• 28 Aug 2025: Latitude Finance Australia v Australian Securities and Investments Commission [2025] FCAFC 124
  CONSUMER LAW – prohibitions against misleading or deceptive conduct and false or misleading representations – where applicants published a large number of newspaper, radio, and television advertisements promoting the purchase of home and electrical goods from the second applicant’s franchised stores by equal monthly payments of the purchase price…
  Judge: O'BRYAN, CHEESEMAN AND BENNETT JJ
• 29 Aug 2025: Harrold v Exactech Australia Pty Ltd [2025] FCA 1058
  COSTS – third party application for costs incurred in complying with subpoena – consideration of scope and application of r 24.22 of the Federal Court Rules 2011 (Cth) – principles for assessing loss or expense incurred – where costs applicant already discounted the amount charged to costs respondent – where costs respondent submits that documents …
  Judge: JACKMAN J
• 29 Aug 2025: Australian Securities and Investments Commission v Open4Sale Global Ltd (No 2) [2025] FCA 1038
  CORPORATIONS – failure by unlisted public company and two of its directors to comply with disclosure obligations when offering securities contrary to s 727(6) of the Corporations Act 2001 (Cth) (Corporations Act) – defendants each committing 101 contraventions – failure to lodge disclosure document with Australian Securities Investments Commission …
  Judge: CHARLESWORTH J
• 29 Aug 2025: BlueScope Steel Limited v Australian Competition and Consumer Commission [2025] FCAFC 118
  COMPETITION – appeals from orders made as to liability for attempts to induce a corporation to arrive at an understanding containing a cartel provision, contravening ss 445ZZRJ and s 76(1)(d) of the Competition and Consumer Act 2010 (Cth) (the Act) – where primary judge found appellants attempted to induce nine counterparties to arrive at an…
  Judge: WIGNEY, BROMWICH AND HALLEY JJ
• 22 Aug 2025: Australian Securities and Investments Commission v Falcon Capital Limited (No 2) [2025] FCA 1034
  CORPORATIONS – application by ASIC for travel restraint orders and freezing orders under s 1323 of the Corporations Act 2001 (Cth) – where orders previously obtained on an ex parte basis – where orders subsequently extended by consent – where the defendant sought to have orders set aside on the basis of non-disclosure of material information at…
  Judge: MOSHINSKY J
• 27 Aug 2025: Australian Competition and Consumer Commission v Emma Sleep GmbH (Non-publication) [2025] FCA 1027
  PRACTICE AND PROCEDURE – Principle of open justice – Application for suppression or non-publication order in response to application to inspect documents on Court file – Whether order necessary to prevent prejudice to the proper administration of justice – prejudice said to arise from information that is commercially sensitive – application…
  Judge: HILL J
• 27 Aug 2025: Palmer v Australian Securities and Investments Commission [2025] FCA 1025
  PRACTICE AND PROCEDURE – respondent’s application to strike out selected paragraphs of statement of claim as vague, embarrassing or failing to disclose a reasonable cause of action – additional application to enter summary judgment on certain claims as having no reasonable prospect of success as foreclosed by intermediate appellate authority –…
  Judge: MCELWAINE J
• 26 Aug 2025: Demery v Coles Supermarkets Australia Pty Ltd [2025] FCA 1016
  REPRESENTATIVE PROCEEDING – application for security for costs – where representative proceeding raises the same allegations against the respondent as are raised in a separate proceeding brought by the Australian Competition and Consumer Commission (ACCC) against the respondent – where parallel orders made in the representative proceeding and the…
  Judge: O'BRYAN J
• 26 Aug 2025: Whittome v Woolworths Group Limited [2025] FCA 1015
  REPRESENTATIVE PROCEEDING – application for security for costs – where representative proceeding raises the same allegations against the respondent as are raised in a separate proceeding brought by the Australian Competition and Consumer Commission against the respondent – where parallel orders made in the representative proceeding and the ACCC…
  Judge: O'BRYAN J
• 26 Aug 2025: Australian Securities and Investments Commission v TerraCom Ltd (No 3) [2025] FCA 1017
  CORPORATIONS – declaration of contravention and pecuniary penalty orders – where parties agree on statement of facts and admissions – where company admits to one contravention of s 1317AC(1) of the Corporations Act 2001 (Cth) – where three market announcements made by company – where eligible whistleblower – where qualifying disclosure – where…
  Judge: JACKMAN J

• Australian Competition and Consumer Commission (ACCC)