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).

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.

A person may commence a proceeding in this Sub-area by filing:

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).

• 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)

• 7 Dec 2023: Torley v Hyundai Motor Company Australia Pty Limited (No 2) [2023] FCA 1545
  PRACTICE AND PROCEDURE - discovery - application for non-standard discovery by categories pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) - where respondents consent to discovery being given of certain categories of documents - determination of whether discovery should be ordered in respect of other categories of documents
  Judge: Yates J
• 5 Dec 2023: Tang v Yu (evidence rulings) [2023] FCA 1541
  EVIDENCE - hearsay - business records - whether the business records need to be records of the business at issue in the proceeding - admissibility of opinion evidence contained within business records - where no evidence of basis of experts' specialised knowledge
  Judge: Stewart J
• 4 Dec 2023: Tang v Yu (application to vacate) [2023] FCA 1540
  PRACTICE AND PROCEDURE - interlocutory application to vacate trial dates - interlocutory application dismissed
  Judge: Stewart J
• 1 Dec 2023: Australian Information Commissioner v Australian Clinical Labs Limited [2023] FCA 1517
  PRACTICE AND PROCEDURE - application by respondent for suppression and non-publication orders pursuant to s 37AF(1)(b)(iv) of the Federal Court of Australia Act 1976 (Cth) - where information subject of the application may expose respondent to increased threat of cyberattack - application granted
  Judge: Halley J
• 30 Nov 2023: Australian Securities and Investments Commission v RACQ Insurance Limited [2023] FCA 1503
  CONSUMER LAW - admitted breaches of s 12DF(1) of the Australian Securities and Investments Commission Act 2001 (Cth) - representations by insurance company in product disclosure statements which misrepresented the manner in which discounts would be applied to the premiums charged for insurance - such conduct was liable to mislead the public as to…
  Judge: Downes J
• 30 Nov 2023: RB (Hygiene Home) Australia Pty Ltd v Procter & Gamble Australia Pty Limited (No 2) [2023] FCA 1491
  CONSUMER LAW - claim for relief for contravention of ss 18, 29(1)(a) and 33 of the Australian Consumer Law (ACL) by making certain representations regarding the cleaning performance of certain dishwashing tablets - where interlocutory injunctive relief previously granted CONSUMER LAW - cross-claim for contravention of ss 18, 29(1)(a), 29(1)(g) and …
  Judge: Yates J
• 29 Nov 2023: Australian Securities and Investments Commission v OnePath Custodians Pty Ltd [2023] FCA 1485
  SUPERANNUATION - where the trustee of a superannuation fund has admitted to engaging in misleading or deceptive conduct in relation to financial services - where parties have agreed a statement of facts and the proposed form of declaratory relief, aggregate pecuniary penalty, the terms of an adverse publicity notice and payment of costs - whether…
  Judge: Stewart J
• 29 Nov 2023: Hamilton v Meta Platforms, Inc. (Costs) [2023] FCA 1496
  COSTS - where proceeding permanently stayed - where the applicant sought an order under s 82(4) of the Competition and Consumer Act 2010 (Cth) (CCA) (NACO) - where the application for the NACO has not been determined - where the application for a permanent stay determined prior to the hearing of the NACO application - whether s 82 of the CCA…
  Judge: Cheeseman J
• 23 Nov 2023: Australian Communications and Media Authority v Jones (No 5) [2023] FCA 1455
  PRACTICE AND PROCEDURE - costs - interlocutory application filed by the third respondent dismissed - not contested that costs order should be made - whether indemnity costs should be assessed on a lump sum basis - whether costs should be paid forthwith or at conclusion of matter
  Judge: Thomas J
• 22 Nov 2023: Lewis v Philips Electronics Australia Ltd trading as Philips Healthcare [2023] FCA 1486
  REPRESENTATIVE PROCEEDINGS - practice and procedure - application to discontinue a representative proceeding - subsequent application to substitute a group member as applicant - whether substitution should be granted - how, if the proceeding is unsuccessful should any adverse costs order be apportioned between the former and substituted applicant
  Judge: Murphy J

• Australian Competition and Consumer Commission (ACCC)