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)

• 20 Jun 2019: Construction, Forestry, Maritime, Mining and Energy Union v DP World Sydney Ltd [2019] FCAFC 99
  INDUSTRIAL LAW - protected action ballot - application for the extension of time under s 443(5) of the Fair Work Act for the giving of notice of the taking of industrial action - was the decision of the Full Bench of the Fair Work Commission subject to jurisdictional error -whether the Deputy President had exercised discretion upon finding…
  Judge: Rares, Jagot and Bromwich JJ
• 19 Jun 2019: Commonwealth of Australia v Harrison [2019] FCA 937
  EDUCATION - multiple alleged contraventions of the National Vocational Education and Training Regulator Act 2011 (Cth) - where, among other things, the respondent offered to provide Vocational Education and Training (VET) courses or parts of VET courses, and purported to issue VET statements of attainment and VET qualifications, when the…
  Judge: Perry J
• 7 Jun 2019: Australian Competition and Consumer Commission v Campbell [2019] FCA 886
  PRACTICE AND PROCEDURE - ex parte application by ACCC for freezing orders - alleged contraventions of the Australian Consumer Law - whether freezing orders should be made - whether ancillary disclosure orders should be made - whether ACCC required to provide undertaking as to damages
  Judge: O'Bryan J
• 5 Jun 2019: Australian Competition and Consumer Commission v viagogo AG (No 2) [2019] FCA 907
  PRACTICE AND PROCEDURE - whether declarations should be made prior to hearing on relief - where parties had earlier agreed for declaratory relief to be given separately to other forms of relief - possibility of multiple appeals if declaratory relief granted - declined to make declarations prior to hearing on relief
  Judge: Burley J
• 31 May 2019: Australian Securities and Investments Commission v Vocation Limited (In Liquidation) [2019] FCA 807
  Corporations - continuous disclosure obligations - ASX Listing Rule 3.1 - s 674(2) of the Corporations Act 2001 (Cth) (Act) - listed public company with wholly owned subsidiaries each of which was a registered training organisation (RTO) providing vocational education and training in Victoria in accordance with funding contracts entered into with…
  Judge: Nicholas J
• 30 May 2019: Australian Competition and Consumer Commission v Jetstar Airways Pty Ltd [2019] FCA 797
  CONSUMER LAW - admitted contraventions of ss 18 and 29(1)(m), Australian Consumer Law (ACL) - misleading or deceptive representations made on respondent airline's website - where representations in booking flow that fares were non-refundable when there may be an entitlement to a refund under statutory consumer guarantees - where representation in…
  Judge: Perry J
• 21 May 2019: Kraft Foods Group Brands LLC v Bega Cheese Limited (No 9) [2019] FCA 757
  Judge: O'Callaghan J
• 17 May 2019: Australian Competition and Consumer Commission v GlaxoSmithKline Consumer Healthcare Australia Pty Ltd [2019] FCA 676
  CONSUMER LAW - where respondent sold identical gel under both the sub-brand names "Osteo-Gel" and "Emulgel" - whether respondent contravened the Australian Consumer Law by suggesting "Osteo Gel" was specifically formulated to treat osteoarthritis through revised packaging, as was admitted to in relation to earlier packaging and website…
  Judge: Bromwich J
• 17 May 2019: De Belin v Australian Rugby League Commission Limited [2019] FCA 688
  CONTRACTS - restraint of trade - where applicant is a professional rugby league player contracted by a club to play rugby league in the National Rugby League (NRL) Competition - where applicant licenced his name, image and reputation in his playing contract - where applicant charged with aggravated sexual assault in company - where applicant has…
  Judge: Perry J
• 8 May 2019: Simpson v Thorn Australia Pty Ltd trading as Radio Rentals (No 2) [2019] FCA 838
  PRACTICE AND PROCEDURE - application to join parties pursuant to r 9.05(1)(b)(iii) of the Federal Court Rules 2011 - application to further amend originating application and statement of claim pursuant to r 8.21 and r 16.53 - sufficiency of explanation for delay - application for leave to bring or continue proceedings against insurer pursuant to s …
  Judge: Gleeson J

• Australian Competition and Consumer Commission (ACCC)