In the media
National
Federal Court finds free range labelling by Swan Valley,
Wanneroo Free Range and Eggs by Ellah branded eggs misleading
The Federal Court has found that Snowdale Holdings Pty
Ltd (Snowdale) made false or misleading representations that its
eggs were "free range" in contravention of the Australian
Consumer Law. Snowdale also promoted its eggs as "free
range" on the Eggs by Ellah website from May 2013 (18 May
2016).
More...
Private training provider to repay millions over bogus
enrolments
Careers Australia admits breaking consumer law by signing
up vulnerable students under false pretences, and will pay back $44
million it received in government-backed training loans (16 May
2016).
More...
Federal Court Orders $230,000 Fine From The Community
Network
The Federal Court of Australia has ordered payment of
penalties totally $230,000 from Multimedia International Services
Pty Ltd. The company, which traded as the Community Network, was
found in breach of the Australian Consumer Law in its dealings with
small businesses (16 May 2016). More...
Fonterra gives struggling dairy farmers early cash as
the ACCC investigates
The ACCC is investigating the cuts by Murray Goulburn and
Fonterra to determine if they involve "misleading
conduct" or whether there are elements of "unconscionable
conduct". The ACCC is interested in the timing and notice of
the cuts, the period in which farmers have been given to consider
their options and all of this against the backdrop of supply
arrangements that place a lot of risk on farmers (16 May
2016).
More...
Peter Foster banned for life from weight loss, franchise
industries and managing corporations
The Federal Court has ordered a $3.55 million
penalty against SensaSlim Australia Pty Ltd
(in liquidation) (SensaSlim) for engaging in misleading and
deceptive conduct and making false representations. Mr Foster was
ordered to pay $660,000, the maximum penalty for each of the
contraventions found by the court for being knowingly concerned or
a party to some of the conduct. (12 May 2016).
More...
Mecon Insurance Pty Ltd and Mechanical and Construction
Insurance Pty Ltd - Court action
Two related insurance companies have agreed to refund
customers and pay costs of $20,000 for engaging in price
exploitation and misleading and deceptive conduct, following
proceedings in the Supreme Court of Victoria (10 May 2016).
More...
In practice and courts, published reports
Australian Consumer Law Review- Submissions Close 27
May
Fair Trading Commissioner Rod Stowe is encouraging NSW
consumers, businesses and other interested parties to contribute to
the current review of the Australian Consumer Law (ACL). The review
of the ACL formally commenced on 31 March 2016 with the release of
an Issues Paper. Submissions are due by 27 May 2016. More...
More...
Productivity Commission: Draft IP Report
The Draft Productivity Commission Report on
Intellectual Property Arrangements, released today, is
consistent with the recommendations made by the
Harper Panel in relation to IP. It considers current
competition law exemptions relating to licensing or assignment of
IP property and exemptions from the National Access Regime.
Submissions on the draft report can be made until 3 June. A
final report is expected in August. More....
Cases
Australian Competition and Consumer Commission v Snowdale
Holdings Pty Ltd [2016] FCA 541
CONSUMER LAW – eggs were sold and marketed as
"free range eggs" – hens housed in very large sheds
with pop holes – whether the conditions in which the laying
hens were found inhibited the ability and propensity of the hens to
move around freely on an open range – whether most hens moved
around freely on an open range on most days – whether the
conduct of the respondent was misleading or deceptive
or likely to mislead or deceive in describing the eggs laid by hens
farmed in the prevailing conditions as "free range eggs"
– whether the respondent contravened ss 18, 29 and 33 of the
Australian Consumer Law.
Australian Competition and Consumer Commission v
Colgate-Palmolive Pty Ltd (No 2) [2016] FCA
528
TRADE PRACTICES – competition law –
restrictive trade practices – admitted contraventions of s
45(2) of Trade Practices Act 1974 (Cth) – whether
order sought by consent appropriate in the circumstances –
whether proposed pecuniary penalty appropriate. Building
and Construction Industry Improvement Act 2005 (Cth);
Trade Practices Act 1974 (Cth) ss 45, 45A, 76, 86C.
Auguste v Nikolyn Pty Ltd & Anor
[2016] FCCA 1045
CONSUMER PROTECTION – Misleading and deceptive
conduct – building contract – whether representation as
to time for building work to be completed – no representation
– implied term that work to be undertaken in a reasonable
time – work undertaken in a reasonable time –
application dismissed.
CONTRACT – Building contract – where contract did not
stipulate price for part of the work to be undertake –
additional work undertaken not part of the contract – claim
for reasonable remuneration for work and labour done.
Australian Competition and Consumer Commission v SensaSlim
Australia Pty Ltd (in liq) (No 7) [2016] FCA
484
CONSUMER LAW – contraventions of consumer
protection provisions in Trade Practices Act 1974 (Cth)
and the Australian Consumer Law – corporate and personal
respondents – misrepresentations as to involvement of
personal respondents in franchise system – misrepresentations
as to standard and quality of weight loss product –
misrepresentations as to prospective earnings of franchise –
pecuniary penalties – disqualification orders –
injunctions.
Australian Competition and Consumer Commission v Multimedia
International Services Pty Ltd (No 2) [2016]
FCA 490
CONSUMER LAW – pecuniary penalties –
application for extension of time to pay penalty –
application for payment of penalty by instalments –
circumstances in which payment of penalties should be delayed or
ordered to be paid by instalments - Australian Consumer Law
(Schedule 2 to the Competition and Consumer Act 2010
(Cth)).
Legislation - Commonwealth
Competition and Consumer Act 2010 -
Declaration No. 94
This instrument declares Kingsford Smith Airport for the
purpose of section 95X of the Competition and Consumer Act
2010 (11 May 2016).
Water Efficiency Labelling and Standards Declaration
2016
This declaration recognises complementary laws enacted by
New South Wales, Victoria, Queensland, Western Australia, South
Australia, Tasmania, the Australian Capital Territory and the
Northern Territory (10 May 2016).
Bills
Competition
and Consumer Amendment (Country of Origin) Bill
2016
Lapsed at dissolution 09 May 2016. This Bill complements the
Country of Origin Food Labelling Information Standard 2016
(made under the ACL) which will come into effect from 1 July
2016.
Legislation
Victoria
Acts assented to
No 23: Consumer Acts and Other Acts Amendment Act
2016
Assent: 10/05/2016 SG (No. 137) 10/5/2016 p. 1
Commencement: NYP Not yet in operation: Ss1-46.
More...
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.
