This Sub-area includes:

• matters concerning anti-competitive conduct, including:
  • civil cartel matters
  • mergers
  • misuse of market power
  • exclusive dealing
• competition actions by the Australian Competition and Consumer Commission (ACCC)
• infrastructure access and regulatory pricing matters.

It can be a fine distinction between matters in this NPA and matters in other Commercial and Corporations Sub-areas, such as the Commercial Contracts, Banking, Finance and Insurance Sub-area and the Corporations and Corporate Insolvency Sub-area. Which Sub-area a matter is commenced in may be determined by the nature of the character of the matter, the relief sought and the legislation relied upon.

Economic regulators

Generally, actions in this Sub-area are commenced by economic regulators, such as the:

• Australian Securities and Investments Commission (ASIC) - Australia’s corporate, markets and financial services regulator
• Australian Competition and Consumer Commission (ACCC) - Australia’s competition regulator.

The Commonwealth can also bring an action, or be a party to an economic regulator matter.

Australian Competition Tribunal

The Tribunal was created in 1966 as the Trade Practices Tribunal. It was renamed the Australian Competition Tribunal in 1995. The Court provides operational support for the Australian Competition Tribunal, including providing registry support for the tribunal.

If a matter relates to a decision of the Australian Competition Tribunal, then the matter may be commenced in the Court as a judicial review application. For more information about the Tribunal including its members, decisions and practice directions, visit the Australian Competition Tribunal’s website.

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.

The forms used in this Sub-area will depend on the legislation relied upon – which will depend on the conduct involved and relief sought. Generally a matter may be commenced in this Sub-area by filing:

Parties should consider whether it is necessary to file a Genuine steps statements (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).

Judicial review applications

Additionally, in this Sub-area, a person may, where a person is aggrieved by a decision that the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) applies, apply for a judicial review under section 5 of the ADJR Act by filing:

• Australian Securities and Investments Commission Act 2001 (Cth)
• Competition and Consumer Act 2010 (Cth)
• Corporations Act 2001 (Cth)
• Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth))

• 11 Sep 2026: Takeovers Panel v DGR Global Limited, in the matter of DGR Global Limited [2026] FCA 1358
  CORPORATIONS – Takeovers Panel – application to extend time to consider making a declaration of unacceptable circumstances under ss 657A and 657B of the Corporations Act 2001 (Cth) and ancillary orders – application granted.
  Judge: ANDERSON J
• 8 Sep 2026: BPG Pty Limited v Real Estate Institute of New South Wales (Preliminary Discovery) [2026] FCA 1321
  PRACTICE AND PROCEDURE – preliminary discovery under rr 7.22 and 7.23 of the Federal Court Rules 2011 (Cth) – application under r 7.23 for discovery from prospective respondent to determine whether to commence proceeding – proposed claim under s 18 of Sch 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) – whether…
  Judge: LEE J
• 27 Aug 2026: Australian Competition and Consumer Commission v Borger Crane Hire & Rigging Services Pty Ltd (leave to continue proceedings) [2026] FCA 1256
  CORPORATIONS – application for leave under s 500(2) of the Corporations Act 2001 (Cth) to continue proceedings against company in liquidation – civil penalty proceeding alleging cartel conduct – serious question to be tried – declaratory and pecuniary penalty relief unavailable through proof of debt process – public interest in regulatory…
  Judge: CHEESEMAN J
• 27 Aug 2026: Woodman Beenleigh Pty Ltd v Bunnings Group Limited (no adverse costs order) [2026] FCA 1231
  COMPETITION – application for a no adverse costs order (NACO) under s 82(3) of the Competition and Consumer Act 2010 (Cth) – whether the Court is satisfied of the criteria in s 82(5) – interpretation of criteria under s 82(5) – application of criteria to the present proceeding – whether order should be made in exercise of discretion under s 82(4)…
  Judge: BROMWICH J
• 28 Jul 2026: Coles Supermarkets Australia Pty Limited v Australian Competition and Consumer Commission [2026] FCA 1000
  PRACTICE & PROCEDURE – application to inspect originating application and accompanying affidavit filed in accordance with r 8.05(2)(a) of the Federal Court Rules 2011 – whether accompanying affidavit is a similar document to a pleading – whether leave to inspect is required – relevant considerations for the grant of leave – whether affidavit…
  Judge: O'BRYAN J
• 22 Jul 2026: Dynamic Insurance Services Pty Ltd v Steadfast Group Limited [2026] FCA 964
  PRACTICE AND PROCEDURE – corporations – application to dispense with requirement for corporation to be represented by a lawyer – proposed representation by director – applicable principles – overarching purpose of civil practice and procedure provisions – interests of justice – complexity of proceeding – objectivity and independence of litigant –…
  Judge: FEUTRILL J
• 9 Jun 2026: Olsen, in the matter of Babyskin Laser and Cosmetic Clinic Pty Ltd (Administrators Appointed) (No 2) [2026] FCA 917
  CORPORATIONS - application under s 90-15 of Sch 2 of the Corporations Act 2001 (Cth) for judicial directions and advice - application granted - application under s 37AF of the Federal Court of Australia Act 1976 (Cth) for a suppression order on the ground that it is necessary to prevent prejudice to the proper administration of justice under s…
  Judge: VANDONGEN J
• 18 Jun 2026: Australian Securities and Investments Commission v HSBC Bank Australia Limited [2026] FCA 847
  CORPORATIONS LAW – where financial services licensee and credit licensee contravened s 912A(1)(a) and (5A) of the Corporations Act 2001 (Cth) and s 47(1)(a) and (4) of the National Consumer Credit Protection Act 2009 (Cth) (Credit Act) by failing to have adequate prevention and detection controls to manage the risk that customers are exposed to,…
  Judge: BENNETT J
• 16 Apr 2026: Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd (Suppression No 2) [2026] FCA 516
  PRACTICE AND PROCEDURE – whether suppression and non-publication orders should be made in respect of information in documents that a witness will be cross-examined about at trial – whether suppression of purportedly confidential commercial information is necessary to prevent prejudice to the proper administration of justice – no suppression or…
  Judge: WIGNEY J
• 14 Apr 2026: Australian Competition and Consumer Commission v Mastercard Asia/Pacific Pte Ltd (Suppression No 1) [2026] FCA 431
  PRACTICE AND PROCEDURE – whether pre-trial suppression and non-publication orders in respect of documents and information to be adduced at trial should be made pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – whether suppression of confidential commercial information is necessary to prevent prejudice to the proper…
  Judge: WIGNEY J

• Australian Securities and Investments Commission (ASIC)
• Australian Competition and Consumer Commission (ACCC)
• Australian Competition Tribunal