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)

• 22 Jan 2021: Teakle Property Australia v Business Initiatives Pty Ltd [2021] FCA 13
  PRACTICE AND PROCEDURE - pleadings - application for leave to amend statement of claim - alleged accessorial liability of respondents under the second limb recognised in Barnes v Addy (1874) LR 9 Ch App 244 - requirements of pleadings in cases alleging fraud or other serious misconduct - whether proposed pleading speculative in relation to the…
  Judge: Charlesworth J
• 22 Dec 2020: ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) v Transport Workers' Union of Australia [2020] FCAFC 231
  COMPETITION AND CONSUMER LAW - misleading or deceptive conduct - whether Transport Workers' Union of Australia is a "trading corporation" - whether representations made by Transport Workers' Union of Australia in an industrial campaign were made "in trade or commerce" - appeal dismissed. COSTS - whether discretion in the award of costs miscarried…
  Judge: Besanko, Bromberg and O'Bryan JJ
• 22 Dec 2020: Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA 1846
  ARBITRATION - stay of proceedings - s 7(2) of International Arbitration Act 1974 (Cth) (IAA) - arbitration agreement - proper law of agreement - scope of arbitration clause - US federal law - Californian state law - whether waiver of right to arbitrate - s 7(5) of IAA - choice of law concerning waiver - application of US law - application of…
  Judge: Beach J
• 21 Dec 2020: Port Binnli Pty Ltd v North Queensland Bulk Ports Corporation Limited [2020] FCA 1843
  PRACTICE AND PROCEDURE - consideration of aspects of discovery and the delivery of expert reports and a mechanism adopted to determining whether information was provided to an expert which might be thought to give rise to a conflict of interest notwithstanding that the expert is satisfied that no conflict arises
  Judge: Greenwood J
• 21 Dec 2020: Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission (No 2) [2020] FCAFC 233
  PRACTICE AND PROCEDURE - where appellant ordered by primary judge to pay respondent's costs on an indemnity basis - where appeal allowed in part on narrow question of construction - where appeal judgment did not address indemnity costs question - where parties were given opportunity to address question of costs but did not do so - where appellant…
  Judge: Allsop CJ, Jagot and Abraham JJ
• 21 Dec 2020: Stack v AMP Financial Planning Pty Limited [2020] FCA 1839
  GROUP PROCEEDINGS - practice and procedure - multiple group proceedings - consolidation of proceedings - cooperative litigation protocol - joint solicitors for the applicants on the record - potential conflict of interest - need for a contradictor to supervise the operation of litigation protocol - no contradictor necessary - costs of…
  Judge: Beach J
• 18 Dec 2020: Gill v Ethicon Sarl (No 9) [2020] FCA 1838
  PRACTICE AND PROCEDURE -- application for stay of lump sum costs order pending appeal
  Judge: Katzmann J
• 18 Dec 2020: Tax Practitioners Board v Hacker (No 3) [2020] FCA 1814
  TAXATION - contraventions of ss 50-5(1) and 50-5(2) of the Tax Agent Services Act 2009 (Cth) - where contraventions established - whether declaratory and injunctive relief appropriate - imposition of pecuniary penalties CONTEMPT OF COURT - contempts by first and second respondent established - consideration of appropriate penalties - consideration …
  Judge: Rangiah J
• 17 Dec 2020: Asirifi-Otchere v Swann Insurance (Aust) Pty Ltd (No 3) [2020] FCA 1885
  REPRESENTATIVE PROCEEDINGS - application for approval of settlement of open class consumer class action - claims that first respondent sold, through dealers, "add on" insurance products alleged to have had no material value - where applicant claimed respondents engaged in misleading and deceptive and unconscionable conduct - where restitution…
  Judge: Lee J
• 17 Dec 2020: Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 4) [2020] FCA 1811
  CONSUMER LAW - Adjudication of how Court should determine whether enrolment by the respondent of a consumer in an online course was the result of the unconscionable system of conduct or pattern of behaviour found to have existed in liability judgment (Australian Competition and Consumer Commission v Australian Institute of Professional Education…
  Judge: Bromwich J

• Australian Competition and Consumer Commission (ACCC)