Coles ‘Down Down’ Promotion Class Action
Benjamin Glenn Demery v Coles Supermarkets Australia Pty Ltd
In November 2024, Gerard Malouf & Partners commenced a class action in the Federal Court of Australia (Victoria Registry) against Coles Supermarkets Australia Pty Ltd. This class action seeks compensation for loss on behalf of the lead applicant, Benjamin Glenn Demery, and affected customers.
The proceeding alleges that Coles engaged in misleading “Down Down” pricing practices between February 2022 and May 2023. It is alleged that advertised discounts on hundreds of supermarket products were not genuine discounts, potentially misleading consumers in breach of the Australian Consumer Law.
The class action seeks compensation and refunds for affected Australian shoppers.
In 2025, the Court ordered that the class action be heard alongside proceedings brought by the Australian Competition and Consumer Commission (ACCC). It was agreed that liability issues would be determined first in the ACCC proceeding, with those findings to apply to the class action.
GMP Law is the only law firm in Australia running a compensation class action against Coles in relation to its misleading pricing campaign.
Update
GMP Law are pleased to announce that, on 14 May 2026, following a two-week joint liability trial in the ACCC proceeding, the Federal Court of Australia delivered judgment against Coles.
The Court found that Coles engaged in misleading conduct and made false or misleading representations in contravention of the Australian Consumer Law.
According to Justice O’Bryan’s reasons at [521]: “...The Down Down tickets were misleading because the sample products had not been offered for sale by Coles at the ‘Was’ price for a reasonable period.”
The Court found that certain “Down Down” promotions were misleading because products had not genuinely been sold at the higher “Was” price for a reasonable period before the advertised discount.
These findings are significant for the class action because the liability findings in the ACCC proceeding apply to the class action.
GMP Law will continue pursuing substantial compensation and refunds for affected consumers, subject to any appeal filed by Coles. A separate class action previously filed by Cartner Capner Law has since been discontinued.
An Opt Out Notice approved by the Federal Court of Australia was sent to potential group members in October 2025. The deadline for group members to opt out of the class action was 4:00 pm AEDT on 21 November 2025 and has now closed.
Court Documents
Register to join the Class Action & stay informedTimeline
| 23 September 2024 | GMP Law launched an investigation into a potential class action against Coles (and Woolworths). |
| 14 November 2024 | As a result of its investigation, GMP Law filed a class action in the Victorian Registry of the Federal Court of Australia on 14 November 2024, seeking financial redress for affected consumers who purchased products at Coles (in-store and online) during February 2022 and May 2023. GMP Law Chairman, Gerard Malouf, states, “We estimate that the average Australian consumer could be eligible for a refund ranging between $200 and $1,300+, depending on their shopping habits and purchases at these retailers. We believe this class action is an essential move toward safeguarding consumer rights and demanding transparency in retail practices, Australia-wide.” |
| 23 May 2025 | Orders were made in the representative proceeding in the same terms as the ACCC proceeding: that an initial trial on all issues of liability would be conducted with respect to a sample of affected products as agreed between the parties or determined by the Court. |
| 26 August 2025 | The class action and Coles reached a compromise on the issue of security for costs whereby the parties agreed that liability in the representative proceeding would be determined in accordance with the judgment on liability in the ACCC proceeding at a joint liability trial. |
| 21 November 2025 | Opt Out Deadline closes. |
| February 2026 | The Joint Liability Trial was heard in the Federal Court in Melbourne between 16 February and 26 February 2026. |
| 14 May 2026 | The Federal Court delivered judgment in favour of the ACCC and the applicant in the class action on liability. |
| Current Status | Coles will have 28 days to consider the judgment and file an appeal to the decision. The class action will continue on the issue of damages and any other aspects of the case which were not determined at the initial trial. |
Are you eligible for compensation?
You may be a member of the class action if you:
- Shopped at Coles between February 2022 and May 2023
- Purchased products promoted as “Down Down”
Shopped in-store or online - Have Flybuys data or receipts.
Why register with GMP Law?
Registering helps you:
Stay informed about compensation developments
Protect your rights
Strengthen the compensation claim on behalf of consumers.
Depending on shopping habits and purchasing frequency, compensation may vary between individuals.
Substantiating your claims
When you register for the class action, it is helpful to provide the following information, including the date and time of purchases and the prices paid.
Helpful evidence to support your claim includes:
1. Rewards program data
Collecting data from Coles Rewards programs, which track:
- Time and date of purchases
- Pricing information
- Discounts applied.
2. Receipts
Gathering receipts for discounted products as proof of purchase.
Risk-free participation
There is no financial risk in registering with our firm and becoming a class member. We operate on a No Win No Fee basis. It will cost you nothing to join the class action. If the case is successful, legal fees and costs are deducted from the settlement approved by the Court.
If unsuccessful, you will not have to pay any out-of-pocket costs.
Take action today to ensure your rights are represented and to pursue the compensation you deserve.
We're here to help maximise your compensation
Register to join the class action and stay informed.
