In the media
New Farm real estate agent fined for misleading
behaviour
A New Farm real estate agent and agency have been fined a
total of $12,960 by the Office of Fair Trading
(OFT) for making false and misleading
representations (29 March 2018).
More...
Pre-Games crackdown on fake indigenous art
An Office of Fair Trading (OFT)
compliance operation into Indigenous art and souvenirs has
identified 12 Queensland retailers for further investigation, but
found most shops and galleries are doing the right thing by artists
and consumers (27 March 2018).
More...
Companies face tougher penalties for rip offs and
rorts
Big companies could face drastically increased penalties
for breaches of competition law or ripping off consumers after the
government watchdog revealed concern that its fines were out of
step with other developed countries and failing to provide an
effective deterrent (26 March 2018).
More...
OECD finds Australian competition law penalties are
significantly lower
The ACCC will re-think its approach to penalties for
breaches of the competition law after an OECD report found that
average Australian penalties are significantly lower than those
imposed in other comparable OECD jurisdictions. The OECD report,
Pecuniary Penalties for Competition Law Infringements in
Australia, which compared the penalties for companies which
breach competition laws in Australia with the EU, the UK, Germany,
Japan, Korea and the USA (26 March 2018).
More...
Thousands of Telstra customers charged for content they
didn't want
The telco is facing $10 million in penalties after
admitting to misleading up to 100,000 customers, who were charged
for content including ringtones and games, without having to enter
payment details or verify their identity (26 March 2018).
More...
(ACCC statement) More...
Northern Beaches real estate agents fined after Fair
Trading inspections
Real estate agents on Sydney's Northern Beaches have
been fined more than $25,000 after a Fair Trading compliance blitz,
Minister for Better Regulation Matt Kean said. Fair Trading
officers had inspected 17 real estate agents, of which 12 were
issued fines for non-compliance with real estate laws, including
seven notices for breaching underquoting provisions (26 March
2018).
More...
Queenslanders encouraged to purchase tickets from
official sellers
The Queensland Office of Fair Trading
(OFT) and consumer protection agencies across the
country have launched a national campaign to highlight issues
around buying second hand tickets to concerts, sporting events,
festivals and other events (26 March 2018).
More...
Consumers should be compensated for their excessive
'gold-plated' power bills: report
The Grattan Institute says over-investment in the poles
and wires of the power grid has left consumers paying "too
much for something they neither want nor need" (25 March
2018).
More...
Franchising, misleading behaviour continues to be an
ACCC focus
Nearly 5,000 small businesses reported various issues to
the ACCC last year, with the most common areas of concern being
alleged misleading conduct, consumer guarantees issues and wrongly
accepting payments. The ACCC took seven enforcement actions,
including five for alleged breaches of the Franchising Code (23
March 2018)
More...
Dodo, iPrimus and Commander to compensate over 5,000
customers
"Dodo, iPrimus and Commander have admitted that by
offering speed plans that could not be delivered, they likely
breached consumer law by engaging in misleading or deceptive
conduct and making false or misleading representations, and will be
contacting affected customers by email or letter by 27 April 2018,
outlining the options that customers have (23 March 2018).
More...
Consultation open on consumer guarantee reforms
The Turnbull Government calls on businesses and consumers
to have their say on proposed reforms that have come out of the
Australian Consumer Law Review, including proposals to clarify,
simplify and modernise the consumer guarantee framework in the
Australian Consumer Law (ACL) (21 March 2018).
More...
iiNet and Internode to compensate customers for
misleading NBN speed claims
The ACCC Commissioner said iiNet and Internode have
admitted that between 2015 and mid-2017, they both likely engaged
in misleading or deceptive conduct or made false or misleading
representations by promoting and offering NBN plans with maximum
speeds that could not be delivered (20 March 2018).
More...
ABG Pages admits misleading and unconscionable
conduct
The Federal Court has ordered that online business
directory service ABG Pages Pty Ltd pay a $300,000 penalty for
breaching the Australian Consumer Law. ABG admitted to engaging in
systemic unconscionable conduct, undue harassment, and making false
and misleading representations in relation to its online
advertising services (20 March 2018).
More...
Court finds Heinz made a misleading health claim
The Federal Court has found that food manufacturer H.J.
Heinz Company Australia Ltd (Heinz) made a
misleading health claim that its Little Kids Shredz products were
beneficial for young children. The Court found that Heinz had
represented that its Shredz products were beneficial to the health
of children aged 1-3 years, when this was not the case (19 March
2018).
More...
In practice and courts, published reports
Clarification, simplification and modernisation of the
consumer guarantee framework
In March 2017, CAANZ presented the
Final Report of the ACL Review (the Review).
This Consultation RIS is comprised of four chapters, each of which
addresses the proposals which are the subject of this Consultation
RIS.
More...
Request for information - reforms to consumer lending:
background paper 5
Department of the Treasury (Australia); Royal Commission
into Misconduct in the Banking, Superannuation and Financial
Services Industry: 19 March 2018 - Reforms are being introduced to
improve the efficiency and level of competition in consumer
lending, with a goal of driving better pricing, enhanced access to
finance and new products and services. More...
ACCC digital platforms inquiry
The ACCC is looking forward to hearing the views of
consumers, media organisations, digital platforms, advertising
agencies and advertisers after outlining the key issues it will be
considering in its digital platforms inquiry. The ACCC will issue a
preliminary report into its findings in December 2018. Consumers
may provide feedback to the inquiry more informally via the
ACCC consultation hub.
More...
Cases
Australian
Competition and Consumer Commission v H.J. Heinz Company Australia
Limited [2018]
FCA 360
CONSUMER LAW – H.J. Heinz Company Australia Ltd
(Heinz) manufactures and supplies food products
– Heinz supplied three "Shredz" products as
appropriate for 1-3 year old children – whether the packaging
of the products conveyed representations that they were of an
equivalent nutritional value to the natural fruit and vegetables
depicted on their packaging (the Nutritional Value Representations)
– whether the packaging of the products conveyed
representations that they were a nutritious food and beneficial to
the health of children aged 13 years (the Healthy Food
Representation) and, if so, whether the representations were
misleading or deceptive, or likely to mislead or deceive –
whether the packaging conveyed representations that the products
would encourage the development of healthy eating habits for
children aged 13 years (the Healthy Habits Representation) –
whether Heinz knew or ought to have known that the representations
were made and that they were misleading or deceptive.
Reckitt
Benckiser (Australia) Pty Limited v Procter & Gamble Australia
Pty Limited [2018]
FCA 378
CONSUMER LAW – application pursuant to s234 of the
Australian Consumer Law for an interim injunction enjoining the
respondent from publishing or broadcasting a television commercial
and conducting an in-store promotion both featuring comparative
advertising – where the issue of whether a prima facie case
exists is determinative and where application will likely resolve
the substantive proceeding – no sufficient prima facie case
established – application dismissed with costs.
Competition and Consumer Act 2010 (Cth), Sch 2;
Australia Consumer Law, ss 18, 33, 232, 234, 236.
Downer EDI Rail Pty Ltd v John Holland Pty Ltd; John Holland Pty
Ltd v QBE Insurance (Australia) Ltd (No 5); Kellogg Brown &
Root Pty Ltd v John Holland Pty Ltd (No 4)
[2018] NSWSC 326
CONTRACTS — Remedies – Damages – Proof
of loss or damage – contract to design and construct water
detention system – where design used plastic cells placed in
underground tanks – whether there has been "loss"
– whether detention system has failed – whether
detention system will last its design life – whether
detention system requires remediation or replacement.
CONSUMER LAW — Misleading and deceptive conduct –
whether representations were in fact made – whether any
reliance – indirect causation.
INSURANCE — Liability insurance – construction of
insuring clause – "in respect of" property damage
– whether policy would have responded.
Law Reform (Miscellaneous Provisions) Act 1946 (NSW);
Transport Administration Amendment Act 2010 (NSW);
Trade Practices Act 1974 (Cth).
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