Australian court issues first-ever no-adverse-costs order in Bunnings case
By Sean Maguire ( August 27, 2026, 07:33 GMT | Insight) -- Bunnings Group could be forced to pay millions of dollars in legal fees even if it defeats a misuse-of-market-power lawsuit after an Australian court granted smaller rival Woodman Beenleigh protection from Bunnings’ costs. The ruling marks the Federal Court of Australia’s first detailed consideration of the statutory test for granting such protection, with Judge Robert Bromwich rejecting Bunnings’ argument that Woodman needed to establish a prima facie case or sufficient likelihood of success. The ruling could make Section 46 litigation more accessible to smaller private applicants, with Bromwich saying the no-adverse-costs regime could make such cases “a more viable option for smaller market participants attempting to remedy instances of anticompetitive conduct.”Bunnings Group could be forced to pay millions of dollars in legal fees even if it prevails in a misuse-of-market-power lawsuit brought by a smaller hardware rival in Queensland, following a Federal Court of Australia ruling that could make it easier for smaller businesses to pursue private competition-law cases....
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