Regulator and Consumer Protection Sub-area
Regulator and Consumer Protection Sub-area
About this Sub-Area
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).
Practice Notes
All practice notes are to be read with the Central Practice Note. It is the essential guide to practice in the Federal Court in all proceedings.
Central Practice Note (CPN-1)
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:
General practice notes: |
|
Guides: |
Forms, Rules & Fees
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:
& Forms: |
|
Rules: |
|
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).
Legislation
- 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)
Latest Judgments
- 22 Apr 2024:
CMW23 v Companies Auditors Disciplinary Board [2024] FCA 407
ADMINISTRATIVE LAW - application for review of proposed conduct by the Companies Auditors Disciplinary Board - relief sought pursuant to s 11 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) - relief sought pursuant to s 39B of the Judiciary Act 1903 (Cth) CORPORATIONS - auditors - disciplinary proceeding against auditor -…
Judge: Rofe J - 19 Apr 2024:
Australian Securities and Investments Commission v M101 Nominees Pty Ltd (in liq) (No 7) [2024] FCA 381
PRACTICE AND PROCEDURE - application by second defendant for evidentiary rulings - where a number of rulings agreed by the parties and other rulings held over - application by second defendant to strike out certain paragraphs of statement of claim - where Full Court in Mawhinney v Australian Securities and Investments Commission (2022) 294 FCR 375 …
Judge: O'Callaghan J - 17 Apr 2024:
Watson & Co Superannuation Pty Ltd v Dixon Advisory and Superannuation Services Ltd (Settlement Approval) [2024] FCA 386
REPRESENTATIVE PROCEEDINGS - settlement approval - where proposed settlement amount represents substantially all of the funds that the respondents have available to satisfy judgment - where settlement deed seeks to preserve ability of group members to make claims to the Australian Financial Complaints Authority - settlement approved COSTS -…
Judge: Thawley J - 12 Apr 2024:
Australian Securities and Investments Commission v SunshineLoans Pty Ltd (No 2) [2024] FCA 345
CONSUMER LAW - action by regulator under National Consumer Credit Protection Act 2009 (Cth) for contraventions of the National Credit Code - where respondent carries on business of providing small amount credit contracts - whether fee contained in small amount credit contracts permitted to be imposed under the National Credit Code - where fee…
Judge: Derrington J - 11 Apr 2024:
Invisalign Australia Pty Ltd v SmileDirectClub LLC [2024] FCAFC 46
CONSUMER LAW - whether primary judge erred in finding that certain promotional materials did not convey alleged representations under ss 18 and 29 of the Australian Consumer Law - where respondents ceased to trade after hearing of appeal and before delivery of reasons - where certain grounds of appeal proposed to be allowed - where further hearing …
Judge: O'Callaghan, Halley and Button JJ - 10 Apr 2024:
Australian Securities and Investments Commission v NGS Crypto Pty Ltd [2024] FCA 373
CORPORATIONS - investigations by Australian Securities and Investments Commission - ex parte application for appointment of receivers, asset preservation, disclosure and travel restriction orders - whether it is necessary or desirable that orders be made - where defendants' conduct is in relation to blockchain mining - interim orders made
Judge: Meagher J - 10 Apr 2024:
Australian Securities and Investments Commission v Lanterne Fund Services Pty Limited [2024] FCA 353
CORPORATIONS - where defendant holds an Australian financial services licence - where defendant operates a business of authorising companies and individuals to operate as corporate authorised representatives and authorised representatives under its Australian financial services licence - defendant contravened ss 912A(1)(a), (ca), (d), (e), (f),…
Judge: McEvoy J - 9 Apr 2024:
Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd [2024] FCA 344
CONSUMER LAW - misleading and deceptive conduct - where first respondent represented that: first, distressed homeowners lose remaining equity in their property because "banks don't give change"; second, a so-called "Vestey Trust" structure would enable consumers to protect all assets; and third, that "Vestey Trust" structure had been tested and…
Judge: Jackman J - 5 Apr 2024:
Star Kingdom Investments Pty Ltd v Camatic Pty Limited [2024] FCA 329
PRACTICE AND PROCEDURE - application for summary judgment - whether plaintiff has a reasonable prospect of successfully prosecuting the proceeding - where plaintiff contends that it is a consumer under the Australian Consumer Law - where evidence is not of sufficient quality and weight to succeed at trial - where no real question of fact or law to …
Judge: Meagher J - 2 Apr 2024:
Simmons v Giezekamp [2024] FCA 334
PRACTICE AND PROCEDURE - ex parte application for freezing orders - danger of prospective judgment being wholly or partially unsatisfied - application granted
Judge: Halley J
Subscribe
To stay up-to-date with news in the Federal Court, including developments in this NPA, subscribe to our email subscription services.
We provide subscriptions to the latest judgments and events (by NPA); Practice News to keep up-to-date with changes to practice and procedure; and Daily Court Listings.
Important note: This information is procedural advice only. You should seek your own legal advice about legal cases and procedure in the Federal Court and in this area of law.