Regulator and Consumer Protection Sub-area NPA logo with link NPA logo with link

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.

The NPA practice note sets out the arrangements for the management of Commercial and Corporations proceedings in this Sub-area:

NPA Practice Note:

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).

Latest Judgments

  • 27 Nov 2020: Wade v J Daniels and Associates Pty Ltd [2020] FCA 1708
    CONSUMER LAW - services supplied to a consumer facing foreclosure on a home loan mortgage - alleged breach of contract and failure to comply with consumer guarantees - alleged misleading and deceptive conduct - alleged unconscionable conduct - nature and scope of services supplied - where the consumer disclosed to the supplier that the purpose of…
    Judge: O'Bryan J
  • 20 Nov 2020: Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2020] FCA 1672
    CONSUMER LAW - statutory guarantees under the Australian Consumer Law (ACL) - statutory guarantee as to acceptable quality under s 54 of the ACL - statutory guarantee as to fitness for purpose under s 55 of the ACL - statutory guarantee as to supply by description under s 56 of the ACL - statutory guarantee of manufacturer's warranty under s 59 of …
    Judge: Wheelahan J
  • 13 Nov 2020: Australian Securities and Investments Commission v Helou (No 2) [2020] FCA 1650
    CORPORATIONS - continuous disclosure requirements - listed disclosing entity - knowing involvement in contravention of s 674(2) of the Corporations Act 2001 (Cth) - unlisted disclosing entity - knowing involvement in contravention of s 675(2) - disqualification from managing corporations - operation of s 206E - leave to manage select corporations…
    Judge: Beach J
  • 12 Nov 2020: Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623
    ENERGY AND RESOURCES - penalty hearing - failure to submit information as required by s 282 of the National Energy Retail Law - declarations and pecuniary penalties - relevant matters to be considered - admitted contraventions of National Energy Retail Law ENERGY AND RESOURCES - pecuniary penalties - statement of agreed facts and admissions -…
    Judge: Anderson J
  • 4 Nov 2020: CCGF Holdings Pty Ltd v Coegi Group Pty Ltd (No 2) [2020] FCA 1596
    COSTS - where prima facie defence sufficient to warrant setting aside of default judgment against fifth respondent subject to consideration of costs - discretion as to costs - whether applicant's rejection of settlement offers unreasonable or imprudent - whether fifth respondent should pay costs of the application and the costs thrown away -…
    Judge: Rangiah J
  • 4 Nov 2020: Trivago N.V. v Australian Competition and Consumer Commission [2020] FCAFC 185
    CONSUMER LAW - misleading or deceptive conduct - where website aggregates a list of hotel offers in response to a consumer search - where multiple offers provided for each hotel listing - where one offer is displayed more favourably as the Top Position Offer - whether the Top Position Offer was the cheapest offer or had some other characteristic…
    Judge: Middleton, McKerracher and Jackson JJ
  • 30 Oct 2020: The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 4) [2020] FCA 1573
    COSTS - representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - interlocutory application seeking orders requiring group members to register and provide certain information and that only group members who registered and provided certain information would be eligible to receive any distribution from a settlement or …
    Judge: Wigney J
  • 30 Oct 2020: The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 5) [2020] FCA 1576
    CONSUMER LAW - representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) - whether Merck orders concerning initial trial should be made - whether questions require adjudication of individual claims PRACTICE AND PROCEDURE - representative proceedings pursuant to Pt IVA Federal Court of Australia Act 1976 (Cth) -…
    Judge: Wigney J
  • 22 Oct 2020: Gulf Conveyor Systems Pty Limited v Gulf Integrated Solutions Pty Limited [2020] FCA 1534
    PRACTICE AND PROCEDURE - application for leave to appeal against orders adopting referee report - where applicant contended referee and primary judge had not properly considered material before them - application dismissed
    Judge: Thawley J
  • 22 Oct 2020: Australian Securities and Investments Commission v Commonwealth Bank of Australia [2020] FCA 1543
    CONSUMER LAW - agreed contraventions of the National Consumer Credit Protection Act 2009 (Cth) - principles applicable to making declarations and imposition of a civil penalty - appropriateness of agreed orders and declarations - declarations made and civil penalty imposed
    Judge: Murphy J

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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.