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)

• 29 Sep 2023: Hamilton v Meta Platforms, Inc. [2023] FCA 1148
  PRACTICE AND PROCEDURE - application to permanently stay proceedings under s 23 of the Federal Court of Australia Act 1976 (Cth) or r 1.23 of the Federal Court Rules 2011 (Cth) - where the representative applicant is self-represented - where the representative applicant is also the executive director and sole shareholder of the litigation funder - …
  Judge: Cheeseman J
• 26 Sep 2023: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2023] FCA 1150
  CORPORATIONS - provision of financial services - regulatory proceedings - proceedings brought concerning contraventions of s 12DB of the Australian Securities and Investments Commission Act 2001 (Cth) and s 47 of the National Consumer Credit Protection Act 2009 (Cth) - false or misleading representations concerning the price of cash advances made…
  Judge: Beach J
• 25 Sep 2023: Australian Securities and Investments Commission v Provide Nominees Pty Ltd [2023] FCA 1137
  CORPORATIONS - application made by the Australian Securities and Investments Commission (ASIC) under s 70(3) of the Australian Securities and Investments Act 2001 (Cth) (ASIC Act) - alleged failure to comply with notice issued pursuant to s 33(1) of the ASIC Act - whether ASIC has fulfilled the precondition in s 70(2) of the ASIC Act requiring…
  Judge: O'Bryan J
• 22 Sep 2023: Australian Securities and Investments Commission v National Australia Bank Limited (No 2) [2023] FCA 1118
  BANKING AND FINANCIAL INSTITUTIONS - civil penalties - contravention of financial services laws - unconscionable conduct in contravention of Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) s 12CB(1) - whether the regulator has alleged one contravention or multiple - whether potential prejudice arising from a belated…
  Judge: Derrington J
• 15 Sep 2023: Gill v Ethicon Sarl (No 13) [2023] FCA 1131
  REPRESENTATIVE PROCEEDINGS - three open class representative proceedings brought against manufacturers and suppliers of pelvic "mesh" implants - where proposed settlements approved under s 33V(1) of the Federal Court of Australia Act 1976 (Cth) pending orders for just deductions under s 33V(2) - whether referee's report as to administration of…
  Judge: Lee J
• 15 Sep 2023: Edwards v Hyundai Motor Company Australia Pty Ltd; Sims v Kia Australia Pty Ltd [2023] FCA 1134
  PRACTICE AND PROCEDURE - application to transfer two class action proceedings to the Supreme Court of Victoria - application not opposed by respondents in each proceeding - whether transfer is in the interests of justice - whether costs should be made against the applicants - application granted with costs
  Judge: Bromwich J
• 15 Sep 2023: Fordham v Commonwealth Bank of Australia [2023] FCA 1106
  REPRESENTATIVE PROCEEDINGS - application for approval of settlement of representative proceeding - s 33V of the Federal Court of Australia Act 1976 (Cth) - principles relevant to settlement approval - whether proposed settlement fair and reasonable - whether proposed settlement distribution scheme just - whether certain deductions from settlement…
  Judge: O'Bryan J
• 13 Sep 2023: O'Mara Holdings Pty Ltd v The Patch Australia Pty Ltd [2023] FCAFC 154
  CONSUMER LAW - misleading and deceptive conduct - whether statements made before entry into a shareholders agreement and the fact of such entry conveyed a representation that a contracting party was capable of performing its obligations under the shareholders agreement within a particular timeframe - whether such a representation, if conveyed, was …
  Judge: Markovic, Halley and Goodman JJ
• 13 Sep 2023: Clean Energy Regulator v E Connect Solar & Electrical Pty Ltd [2023] FCA 1082
  ENERGY AND RESOURCES - actions by regulator under Renewable Energy (Electricity) Act 2000 (Cth) - contravention by installer of solar energy electricity units when preparing certifications - breaches admitted - penalty to be imposed - principles concerning agreed penalty referred to CORPORATIONS - leave to proceed again company in liquidation -…
  Judge: Derrington J
• 7 Sep 2023: Australian Securities and Investments Commission v Ferratum Australia Pty Limited (in liq) [2023] FCA 1043
  CONSUMER LAW - alleged contraventions of the National Consumer Credit Protection Act 2009 (Cth) and National Credit Code - where respondent held an Australian Credit Licence under the Act and carried on a business providing small amount credit contracts (SACCs) - whether respondents entered into SACCs that imposed impermissible fees and charges -…
  Judge: Kennett J

• Australian Competition and Consumer Commission (ACCC)