In the media
Robert Paul Davies sentenced to community service for
non-compliance with ACCC notice
In 2010, the ACCC issued a notice as part of the
ACCC's investigation into allegations that Natural Food Vending
made false or misleading representations in the promotion and sale
of vending machine business opportunities. The Federal Court found
that Mr Davies intended to, and did, aid and abet the failure of
Natural Food Vending to comply with the section 155 notice (20
November 2015).
More...
Court finds that Jetstar and Virgin Australia engaged in
misleading 'drip pricing' practices
The Federal Court has found that Jetstar Airways Pty Ltd
(Jetstar) and Virgin Australia Airlines Pty Ltd (Virgin)
contravened the Australian Consumer Law (ACL) by engaging in
misleading and deceptive conduct and making false or misleading
representations about the price of particular advertised airfares
(17 November 2015).
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ACCC urges businesses to check that their contracts are
fair
The ACCC is urging businesses to closely review the
standard form contracts they use when dealing with other
businesses. A new law will take effect on 12 November 2016,
following a 12-month transition period, that offers small
businesses protections against unfair contract terms offered by
other (usually larger) firms (17 November 2015).
More...
Federal Court finds Chrisco's lay-by agreements
contained unfair contract term
The Court found that between January 2011 and December
2013, Chrisco made a false or misleading representation to
consumers that they could not cancel their lay-by agreement after
making their final payment, when the ACL provides that consumers
have the right to terminate a lay-by agreement at any time before
delivery of the goods (11 November 2015).
More...
Former Perth financial adviser banned for dishonest
conduct
A Perth financial adviser has been permanently banned from
the industry after an investigation by the corporate watchdog
revealed she contravened financial services laws (09 November
2015).
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In practice and courts, published reports
Recent developments on liability for cartel
facilitators
Author: James Gould, Incompetition; 30 October 2015
This post examines some recent developments on liability for cartel
facilitators in Europe and Australia.
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Regulating unilateral supermarket misconduct as
customer/acquirer of goods and services
Author: Prof Stephen Corones; Australian Business Law
Review, Vol 43, Part 5, 2015
The article is on the regulation of unilateral supermarket
misconduct as a customer/acquirer of goods and services with
particular attention given to ACCC v Coles and the
effectiveness of s 46 as a 'consumer protection
measure'.
More...
Cases
Make It Mine Finance Pty Ltd, in the matter of Make It
Mine Finance Pty Ltd (No 2) [2015] FCA 1255
CONSUMER LAW – consumer credit – purported
"lease" of consumer goods to Centrelink recipients
– conduct as a credit provider – application of the
National Credit Code (Sch 1 to the National Consumer Credit
Protection Act 2009 (Cth)) – engaging in credit activity
without appropriate registration or licence – non-disclosure
of key requirements in credit contracts – breach of
responsible lending requirements – fixing of pecuniary
penalty. National Consumer Credit Protection
(Transitional and Consequential Provisions) Act 2009 (Cth) s
4(1), items 4(1), 6(1) of Pt 2 of Sch 2, item 37 of Pt 4 of Sch
2. National Consumer Credit Protection Act 2009
(Cth) ss 3, 6 (item 1), 28, 36, 128, 129, 130, 131, 166, 167, 187,
202, 209(1), Sch 1 (National Credit Code) ss 4, 5, 9, 11, 17, 111,
112, 113, 116, 120, 169, 204(1). More...
Australian Competition and Consumer Commission v
Jetstar Airways Pty Limited [2015] FCA
1263
CONSUMER LAW – whether, by material presented on
low-cost airlines' websites, mobile sites and in subscription
emails, the airlines falsely represented that certain specific
fares displayed on their websites, mobile sites and in their
subscription emails were firm fares which were not subject to
increase by reason of the imposition of a booking and service fee
– whether, in the event that the low-cost airlines made the
alleged representations, or some of them, they contravened ss
18(1), 29(1)(i) and 29(1)(m) of the Australian Consumer Law.
More...
Australian Competition and Consumer Commission v
Chrisco Hampers Australia Limited [2015] FCA
1204
CONSUMER LAW – Australian Consumer Law s 24(1)
– meaning of an unfair term – relevant considerations
– whether a term is unfair if it requires a consumer (unless
the consumer opts-out) to pay money to a supplier by instalments
for goods that might never be ordered without offering any
financial benefit such as a discount on the goods or any interest
if the money is refunded – meaning of a "significant
imbalance in the parties' rights and obligations arising under
the contract". CONSUMER LAW – Australian Consumer
Law s 96(3) – meaning of the supplier's obligation to
ensure that the amount of a termination charge is not more than the
supplier's reasonable costs in relation to the agreement.
CONSUMER LAW – Australian Consumer Law s 97(3) –
meaning of a "lay-by" agreement. More...
JM & PM Holdings Pty Ltd v Snap-on Tools
(Australia) Pty Ltd [2015] NSWCA 347
TRADE PRACTICES – misleading and deceptive conduct
– Franchising Code of Conduct – franchise agreement
– whether cash flow projection provided prior to entry into
the franchise agreement contravened Trade Practices Act
1974 (Cth), s 51AD or s 52 – whether any loss or damage
suffered by reason of contraventions – no error shown in
conclusion of primary judge that no loss or damage suffered by
reason of conduct alleged to have been in contravention –
appeal dismissed.
More...
Legislation
Commonwealth
Treasury Legislation Amendment (Small Business and
Unfair Contract Terms) Bill 2015
Amends the Australian Securities and Investments
Commission Act 2001 and Competition and Consumer Act
2010 to extend the unfair contract term protections to
businesses with less than 20 employees agreeing to standard form
contracts valued at less than a prescribed threshold. Assent:
Act no: 147 Year: 12 November 2015.
More...
Legislation affected
Competition and Consumer Act 2010
(Act 51/1974)
Proposed amendment by Treasury Legislation Amendment
(Small Business and Unfair Contract Terms) Bill 2015.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
