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)

• 30 Nov 2022: Batterham v Clayton Utz Partnership [2022] FCA 1435
  PRACTICE AND PROCEDURE - leave to appeal from summary dismissal - where claims statute-barred - leave to appeal refused
  Judge: Stewart J
• 30 Nov 2022: Gold Titan Pty Ltd v Lopez (No 3) [2022] FCA 1426
  DAMAGES - assessment of damages for breach of contractual obligation of confidentiality and equitable obligation of confidence - assessment of damages under s 236 of the Australian Consumer Law - where matter remitted to primary judge for further reasons - where limited evidence before the Court
  Judge: Abraham J
• 30 Nov 2022: Australian Securities and Investments Commission v Gilliland [2022] FCA 1421
  SUPERANNUATION - review of decision of Administrative Appeals Tribunal - self-managed super fund - approved SMSF auditor - disqualification order issued by ASIC - s 130F of the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) - where respondent breached obligations of independence in performing duties under the SIS Act as an approved …
  Judge: Collier J
• 30 Nov 2022: Century Legend Pty Ltd v Ripani [2022] FCAFC 191
  CONSUMER LAW - misleading and deceptive conduct - contract of sale for apartment sold "off-the-plan" - where primary judge found render contained in marketing materials misleading and deceptive - whether the primary judge erred in rejecting the evidence of a witness - whether the primary judge erred in finding the exclusion clauses in the contract …
  Judge: Markovic, McElwaine and McEvoy JJ
• 29 Nov 2022: Australian Securities and Investments Commission v Commonwealth Bank of Australia [2022] FCA 1422
  CORPORATIONS - alleged contraventions of ss 12DA and 12DB Australian Securities and Investments Commission Act 2001 (Cth) and s 912A(1) Corporations Act 2001 (Cth) - where bank failed to waive monthly account fees in relation to certain accounts in breach of its contract with customers - whether a notation on the customer account statement or…
  Judge: Downes J
• 23 Nov 2022: Abbott v Zoetis Australia Pty Ltd [2022] FCA 1390
  CONSUMER LAW - whether manufacturer engaged in misleading or deceptive conduct in contravention of s 18 of Australian Consumer Law in promotion of equine Hendra virus vaccine - whether manufacturer's publications conveyed representations as to the necessity for, or side effects of, vaccination - whether representor had reasonable grounds for…
  Judge: Rares J
• 21 Nov 2022: Sanda v PTTEP Australasia (Ashmore Cartier) Pty Limited (Opt Out Obligations) [2022] FCA 1409
  PRACTICE AND PROCEDURE - representative proceedings under Pt IVA of Federal Court of Australia Act 1976 (Cth) ('the Act') - whether the Court has power under s 33ZF of the Act to dispense with requirement to set opt out date and send opt out notice - where trial has occurred and judgment handed down but no opt out date has been set
  Judge: Perram J
• 14 Nov 2022: Pirmax Pty Ltd v Kingspan Insulation Pty Ltd [2022] FCA 1340
  CONSUMER LAW - misleading and deceptive conduct -representations by market participants about the qualities or characteristics of one participant's product - applicant alleged contraventions of ss 18 and 29(1)(g) of the Australian Consumer Law ("ACL") - cross-claim by respondent - where respondent alleged contraventions of ss 18, 29(1)(a) and (g), …
  Judge: Snaden J
• 11 Nov 2022: Australian Competition and Consumer Commission v Telstra Corporation Limited [2022] FCA 1398
  CONSUMER LAW - misleading or deceptive conduct - internet broadband - where the respondent provided internet broadband plans using the NBN to residential customers - where the respondent represented that it would test the maximum attainable speed (MAS) of each customer's NBN line within a reasonable period following 21 days after connection -…
  Judge: Moshinsky J
• 11 Nov 2022: Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2022] FCA 1399
  CONSUMER LAW - misleading or deceptive conduct - internet broadband - where the respondent provided internet broadband plans using the NBN to residential customers - where the respondent represented that it would check and confirm a customer's line's maximum attainable speed (MAS) within a reasonable time - where the respondent represented that it …
  Judge: Moshinsky J

• Australian Competition and Consumer Commission (ACCC)