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

  • 16 Sep 2021: Tang v Yu [2021] FCA 1126
    PRACTICE AND PROCEDURE - application for default judgment - where respondents had been in default of multiple orders requiring the filing of a defence and providing discovery - where respondents in continuing default to provide discovery - where respondents gave no adequate explanation for defaults - where respondents self-represented - guillotine …
    Judge: Stewart J
  • 6 Sep 2021: Australian Securities and Investments Commission v Allianz Australia Insurance Limited [2021] FCA 1062
    CORPORATIONS - misleading or deceptive conduct -financial products - insurance - allegation that defendants had misled insureds by making four discrete representations about the Integrated Product - where first defendant represented that the premium of the Integrated Product was calculated by reference to matters having no bearing on the…
    Judge: Allsop CJ
  • 3 Sep 2021: Hasna v Crown Melbourne Limited [2021] FCA 1066
    PRACTICE AND PROCEDURE - inspection of documents - inspection by non-party - genuine steps statement - leave not granted
    Judge: Mortimer J
  • 27 Aug 2021: Australian Competition and Consumer Commission v Employsure Pty Ltd (No 2) [2021] FCAFC 157
    CONSUMER LAW - misleading or deceptive conduct and making false or misleading representations - whether appellate court should make declarations of contravention and grant injunctive relief - issue of injunctive relief remitted to primary judge
    Judge: Rares, Murphy and Abraham JJ
  • 17 Aug 2021: Australian Competition and Consumer Commission v Decathlon (Australia) Pty Ltd [2021] FCA 964
    CONSUMER LAW - pecuniary penalties - where respondent admits to contraventions of ss 18(1), 29(1)(a), 29(1)(g), 106(1) and 106(2) of the Australian Consumer Law - where contraventions relate to sale of non-compliant goods that breach relevant safety standards - where ACCC raised concerns over 12 months before sale of non-compliant goods halted -…
    Judge: Nicholas J
  • 16 Aug 2021: Australian Competition and Consumer Commission v Google LLC (No 3) [2021] FCA 971
    DISCOVERY - discovery in relation to a penalty hearing following liability judgment - discovery by categories - whether disputed categories "directly relevant" to appropriate relief - burden of compliance - potential vacation of hearing date - discovery ordered
    Judge: Thawley J
  • 13 Aug 2021: Australian Competition and Consumer Commission v Employsure Pty Ltd [2021] FCAFC 142
    CONSUMER LAW - misleading or deceptive conduct and making false or misleading representations by causing the publication of Google advertisements in contravention of ss 18(1), 29(1)(b) and 29(1)(h) of the Australian Consumer Law - use of keywords and dynamic keywords in relation to paid Google advertisements - relevant principles in relation to…
    Judge: Rares, Murphy and Abraham JJ
  • 13 Aug 2021: Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (Subject to Deed of Company Arrangement) [2021] FCA 956
    CONSUMER LAW - alleged contraventions of s 21 of the Australian Consumer Law - unconscionable conduct in trade or commerce in connection with the supply of goods or services - where the first respondent was a vocational education and training (VET) provider of online courses - whether respondents' marketing and enrolment systems unconscionable -…
    Judge: Perry J
  • 12 Aug 2021: Australian Securities and Investments Commission v Bank of Queensland Limited [2021] FCA 957
    CONSUMER LAW - small business lending contracts - unfair contract terms within the meaning of s 12BG(1) of the Australian Securities and Investments Commission Act 2001 (Cth) - agreed facts - where bank concedes impugned terms unfair - where impugned terms include terms relating to indemnities, events of default, unilateral variations and…
    Judge: Banks-smith J
  • 10 Aug 2021: Tax Practitioners Board v Hacker (No 4) [2021] FCA 940
    CONTEMPT OF COURT - contempts by first and second respondent admitted - consideration of appropriate penalties - consideration of age and health of first respondent and dependant spouse - comparison of similar cases - imposition of sentence of imprisonment on first respondent - imposition of fine on second respondent
    Judge: Abraham 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.