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

  • 13 May 2021: Australian Competition and Consumer Commission v Telstra Corporation Limited [2021] FCA 502
    CONSUMER LAW - admitted contraventions of s 21 of Australian Consumer Law - whether agreed pecuniary penalty appropriate having regard to all relevant circumstances - consideration of relevant matters in determining amount of pecuniary penalty - declaratory relief and penalties awarded in terms sought by parties pursuant to s 244 of the ACL
    Judge: Mortimer J
  • 3 May 2021: Director, Consumer Affairs Victoria v Vic Solar Pty Ltd (No 4) [2021] FCA 449
    CONSUMER LAW - further relief - imposition of pecuniary penalties - disqualification order - whether injunctive relief appropriate EVIDENCE - hearsay - business records - admissions
    Judge: O'Bryan J
  • 29 Apr 2021: Wooboard Technologies Limited, in the matter of Wooboard Technologies Limited [2021] FCA 445
    CORPORATIONS - application for remedial orders pursuant to s 1322(4) of the Corporations Act 2001 (Cth) - where company failed to comply with disclosure requirements after issue of securities - where there has been trading of issued shares - where prompt steps taken after company became aware of failure to comply - where satisfied no dishonesty in …
    Judge: Colvin J
  • 27 Apr 2021: Oliver's Real Food Ltd, in the matter of Oliver's Real Food Ltd [2021] FCA 490
    CORPORATIONS - application for remedial orders pursuant to s 1322(4) of the Corporations Act 2001 (Cth) - where company issued securities without publication of cleansing notice or prospectus - where subsequent dealings in securities within 12 months of issue - where satisfied no dishonesty in respect of failure to comply - remedial orders made
    Judge: Colvin J
  • 26 Apr 2021: Australian Securities and Investments Commission v GoGetta Equipment Funding Pty Ltd [2021] FCA 420
    CONSUMER LAW - contraventions of sections 29 and 32 of National Consumer Credit Protection Act 2009 (Cth) -providing consumer leases without an Australian Credit Licence - systemic failure to have an effective process for verifying business use in the conduct of its commercial rental business - inadequate operating model, systems, processes and…
    Judge: Davies J
  • 23 Apr 2021: Viagogo AG v Australian Competition and Consumer Commission (No 2) [2021] FCA 411
    COSTS - where interlocutory application made by appellant granted - where appellant seeking costs on indemnity basis - whether there has been conduct warranting departure from usual practice
    Judge: Abraham J
  • 23 Apr 2021: Asirifi-Otchere v Swann Insurance (Aust) Pty Ltd (No 4) [2021] FCA 459
    REPRESENTATIVE PROCEEDINGS - open class consumer class action - half a million group members - settlement approved - applications for late opt out - consideration of the finality of settlements achieved by s 33ZB orders - superficial attraction of making orders pursuant to s 33ZF contrary to a principled approach to dealing with settlements -…
    Judge: Lee J
  • 19 Apr 2021: Australian Securities and Investments Commission v M101 Nominees Pty Ltd (No 3) [2021] FCA 354
    CORPORATIONS - financial products offered by first defendant and entities associated with second defendant - whether certain entities provided financial services or financial products without a financial services licence - whether financial products offered by entities associated with second defendant had similar features and are "inherently…
    Judge: Anderson J
  • 15 Apr 2021: Kitoko v University of Technology Sydney [2021] FCA 360
    PRACTICE AND PROCEDURE - interlocutory applications by applicant for default and summary judgment - interlocutory applications by ten respondents for summary judgment and strike out - whether proceeding is not maintainable because of issue estoppel or Anshun estoppel - where issues finally determined by other courts - whether proceeding is an…
    Judge: Griffiths J
  • 15 Apr 2021: Australian Competition and Consumer Commission v Smart Corporation Pty Ltd (No 3) [2021] FCA 347
    CONSUMER LAW - application for remedies under the Australian Consumer Law - respondent company in business of hiring out four wheel drive vehicles - knowing involvement of second and third respondents CONSUMER LAW - misleading or deceptive conduct - false or misleading representations - website and certain emails represented that vehicles were…
    Judge: Jackson 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.