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 Oct 2024: Palmer v Australian Securities and Investments Commission [2024] FCA 1167
  PRACTICE AND PROCEDURE - abuse of process - permanent stay or dismissal - fragmentation of criminal proceedings - where Applicants seek declaratory and other relief in relation to an examination of the First Applicant, and the transcripts thereof, conducted by ASIC pursuant to s 19 of the Australian Securities and Investments Commission Act 2001…
  Judge: Button J
• 1 Oct 2024: Petrovsky v Southern Adelaide Local Health Network Incorporated (No 2) [2024] FCA 1141
  PRACTICE AND PROCEDURE - application for leave to appeal interlocutory judgment dismissing application for interim injunctive relief - whether primary judgment attended with sufficient doubt to warrant reconsideration - on the assumption that primary judge erred, whether substantial injustice would result if leave to appeal was refused -…
  Judge: Snaden J
• 26 Sep 2024: Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2024] FCA 1126
  CONSUMER LAW -- where respondent an electricity retailer with the meaning of s 5 of the Competition and Consumer (Industry Code--Electricity Retail) Regulations 2019 (the Code) -- where respondent admitted to contraventions of s 12(2) of the Code, s 51ACB of the Competition and Consumer Act 2010 (Cth) and ss 18 and 29(1)(i) of the Australian…
  Judge: O'Callaghan J
• 25 Sep 2024: Australian Securities and Investments Commission v Vanguard Investments Australia Ltd (No 2) [2024] FCA 1086
  CONSUMER LAW - pecuniary penalty for infringement of ss 12DF(1) and 12DB(1)(a) and (e) of the Australian Securities and Investments Commission Act 2001 (Cth) -
  Judge: O'Bryan J
• 24 Sep 2024: Daly v Australian Securities and Investments Commission [2024] FCAFC 125
  CORPORATIONS - civil penalty proceedings - liability phase - duties of officers of responsible entity of a registered managed investment scheme - whether appellant an officer of the responsible entity - where primary judge held that the contraventions were established - appeal dismissed PRACTICE AND PROCEDURE - application to amend notice of…
  Judge: O'Callaghan, McElwaine and Jackman JJ
• 19 Sep 2024: Fisher v Isuzu Motors Ltd [2024] FCA 1109
  PRACTICE AND PROCEDURE - service of originating application and statement of claim on respondent based in Japan - whether service of the documents "not practicable" - deemed service ordered pursuant to rules 10.23 and 10.48 Federal Court Rules 2011 (Cth).
  Judge: Wigney J
• 19 Sep 2024: Secretary, Department of Health v Medtronic Australasia Pty Ltd [2024] FCA 1096
  HEALTH LAW - Therapeutic goods - Requirement to register therapeutic goods for use in humans on the Australian Register of Therapeutic Goods - Where composite parts of the registered therapeutic good were supplied separately - Where the respondent admits that this constitutes a contravention of the Therapeutic Goods Act 1989 (Cth) STATUTORY…
  Judge: Needham J
• 18 Sep 2024: Australian Securities and Investments Commission v Retail Employees Superannuation Pty Ltd [2024] FCA 1081
  SUPERANNUATION - industry superannuation fund - rollover requests by members - Division 6.5 of the Superannuation Industry (Supervision) Regulations 1994 (Cth) - sections 10, 19 and 42 of Superannuation Industry (Supervision) Act 1993 (Cth) - representations to members concerning rollover entitlements - limitation or restriction on members'…
  Judge: Beach J
• 13 Sep 2024: QE Family Pty Ltd v Peter Warren Automotive trading as Mercedes Benz Macarthur [2024] FCA 1062
  PRACTICE AND PROCEDURE - appeal from Federal Circuit and Family Court of Australia (Division 2) - notice of objection to competency - application for appeal to be summarily dismissed - whether notice of appeal complies with r 36.01 of the Federal Court Rules 2011 (Cth) PRACTICE AND PROCEDURE - interlocutory application seeking order that the…
  Judge: Yates J
• 4 Sep 2024: Australian Securities and Investments Commission v Darranda Pty Ltd (Liability) [2024] FCA 1015
  CONSUMER LAW - consumer credit - whether customer contracts are consumer leases or credit contracts for the purposes of the National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth)) - whether Australian Credit Licence holder failed to do all things necessary to ensure that its licensed credit activities were engaged in …
  Judge: Hespe J

• Australian Competition and Consumer Commission (ACCC)