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)

• 8 Dec 2021: Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 5) [2021] FCA 1546
  PRACTICE AND PROCEDURE - consideration of submissions in relation to the disposition of costs in relation to the principal proceeding
  Judge: Greenwood J
• 7 Dec 2021: AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd [2021] FCAFC 222
  CONSUMER LAW - appeal from three judgments of this Court - where appellant sought declaration that there is adequate foundation for certain statements in advertisement for analgesic drug - where appellant bound by previous order restraining them from making certain representations - where primary judge made declarations that appellant breached…
  Judge: Nicholas, Markovic and Burley JJ
• 3 Dec 2021: Gold Titan Pty Ltd v Lopez (No 2) [2021] FCA 1523
  DAMAGES - assessment of damages for breach of contractual obligation of confidentiality and equitable obligation of confidence - assessment of damages for contravention of Australian Consumer Law
  Judge: Abraham J
• 3 Dec 2021: Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 5) [2021] FCA 1516
  CONSUMER LAW - pecuniary penalties - assessment of appropriate penalties to be applied following liability judgment (Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 3) [2019] FCA 1982) - total penalties imposed of $153 million
  Judge: Bromwich J
• 3 Dec 2021: Secretary, Department of Health v Oxymed Australia Pty Ltd [2021] FCA 1518
  HEALTH LAW - where respondents contravened s 42DLB(1) of the Therapeutic Goods Act 1989 (Cth) by advertising unregistered medical devices and making prohibited and restricted representations on the internet - where conduct was accepted by respondents but number of contraventions in dispute - whether conduct considered a continuous offence PENALTY…
  Judge: Rofe J
• 29 Nov 2021: Australian Aged Dental Care Pty Ltd v Australian Dental Association (New South Wales Branch) Ltd [2021] FCA 1514
  PRACTICE AND PROCEDURE = application for stay of proceedings by applicant against respondent alleging misleading or deceptive conduct = where criminal proceedings instituted against four current and former directors and managerial agents of the applicant - where criminal proceedings sufficiently overlap with present civil proceeding - risk of…
  Judge: Griffiths J
• 29 Nov 2021: Australian Competition and Consumer Commission v Employsure Pty Ltd (No 2) [2021] FCA 1488
  CONSUMER LAW - pecuniary penalties - contraventions of ss 29(1)(b) and 29(1)(h) of the Australian Consumer Law - six Google advertisements conveyed misleading or deceptive government affiliation representation - determination of appropriate penalty - consideration of course of conduct principle - pecuniary penalty of $1 million imposed CONSUMER…
  Judge: Griffiths J
• 26 Nov 2021: Australian Securities and Investments Commission v La Trobe Financial Asset Management Ltd [2021] FCA 1417
  CONSUMER LAW - misleading conduct - admitted contraventions of ss 12DA(1) and 12DB(1) of the Australian Securities and Investments Commission Act 2001 (Cth) and s 1041H(1) of the Corporations Act 2010 (Cth) - pecuniary penalties sought by plaintiff not opposed by defendant - whether quantum of penalty appropriate - whether form of declarations…
  Judge: O'Bryan J
• 22 Nov 2021: Australian Securities and Investments Commission v Caddick [2021] FCA 1443
  CORPORATIONS - application for declarations of contravention by defendants of s 911A of the Corporations Act 2001 (Cth) (Corporations Act) - where defendants' contravening conduct established - where utility in making declarations sought - application to appoint interim receivers as receivers of the first defendant's property pursuant to s 1101B…
  Judge: Markovic J
• 15 Nov 2021: Capic v Ford Motor Company of Australia Pty Ltd (Costs) [2021] FCA 1411
  COSTS - representative proceedings pursuant to Pt IVA of Federal Court of Australia Act 1976 (Cth) - costs of trial on Applicant's individual claim and common issues - whether time ripe for costs order where group claims yet to be determined
  Judge: Perram J

• Australian Competition and Consumer Commission (ACCC)