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)

• 4 Aug 2020: AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd (No 2) [2020] FCA 1092
  PRACTICE AND PROCEDURE - application to reopen matter after judgment given but before judgment published - alleged misapprehension of the facts and/or the manner in which an argument was advanced - discretion to reopen - application to reopen refused with costs
  Judge: Gleeson J
• 30 Jul 2020: Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2020] FCAFC 130
  CONSUMER LAW - prohibitions against misleading or deceptive conduct and false or misleading representations - prepaid telecommunications services - whether statements made on website and brochure conveyed misleading representation concerning refund of prepayment - applicable legal principles - whether it is necessary to show that a "not…
  Judge: Wigney, O'Bryan and Jackson JJ
• 28 Jul 2020: Jeffriess v Perpetual Trustee Company Limited [2020] FCA 1074
  COSTS - application for costs on a party and party basis to be taxed immediately - where the interlocutory application was dismissed by consent - whether the Court ought to adjudicate on the merits of the application - whether the applicants "completely surrendered" in the application - where the applicants are proceeding with the substantive…
  Judge: Reeves J
• 27 Jul 2020: Tax Practitioners Board v Hacker (No 2) [2020] FCA 1048
  CONTEMPT OF COURT -- where respondents made undertaking not to provide tax agent services within meaning of s 90-5 of the Tax Agent Services Act 2009 (Cth) - allegation of breach of undertaking - second respondent admitted contempt - whether first respondent received reward for providing tax agent services - where first respondent was shareholder…
  Judge: Rangiah J
• 27 Jul 2020: Tax Practitioners Board v Hacker [2020] FCA 1047
  TAXATION - alleged contraventions of s 50-5(1) of the Tax Agent Services Act 2009 (Cth) - where respondents provided unregistered tax agent services - whether an individual who provides tax agent services and a company which provides tax agent services through the individual can both contravene s 50-5(1) - whether individual respondent received…
  Judge: Rangiah J
• 22 Jul 2020: Australian Competition and Consumer Commission v Service Seeking Pty Ltd [2020] FCA 1040
  CONSUMER LAW - misleading or deceptive conduct - application by regulator for declarations, pecuniary penalty and other orders - respondent admits it contravened s 18, s 29(e) and s 34 of the Australian Consumer Law - parties agreed facts and orders to determine proceeding - whether appropriate to make the orders sought by the parties - agreed…
  Judge: Jackson J
• 17 Jul 2020: Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited (No 2) [2020] FCA 1013
  EVIDENCE - legal professional privilege - waiver - whether privilege over certain documents waived by way of disclosure in prior correspondence - whether privilege over certain documents impliedly waived - no waiver found
  Judge: Allsop CJ
• 17 Jul 2020: Australian Competition and Consumer Commission v Kogan Australia Pty Ltd [2020] FCA 1004
  CONSUMER LAW - false and misleading statements and misleading and deceptive conduct under the Australian Consumer Law - where respondent advertised 10% coupon code discount for limited period - where respondent increased prices prior to promotion and decreased prices after promotion - promotion advertised through electronic direct marketing…
  Judge: Davies J
• 16 Jul 2020: Australian Competition and Consumer Commission v Medibank Private Limited [2020] FCA 1030
  CONSUMER LAW - pecuniary penalties - relevant matters to be considered - admitted contraventions of ss 18 and 29(1)(m) of the Australian Consumer Law CONSUMER LAW - pecuniary penalties - statement of agreed facts and admissions - joint submissions as to quantum of pecuniary penalty - appropriateness of proposed pecuniary penalty Held: The…
  Judge: Anderson J
• 15 Jul 2020: Watson v Schreuder Partners Lawyers [2020] FCA 1044
  EQUITY - power of a court of equity to grant a bill of discovery where production of documents is necessary to facilitate administration of justice in a prospective class action REPRESENTATIVE PROCEEDINGS - power to seek preliminary discovery in a representative capacity DISCOVERY - application for preliminary discovery pursuant to FCR 7.23 -…
  Judge: Lee J

• Australian Competition and Consumer Commission (ACCC)