In the media – National
Union deals make construction costs double US:
report
Sweetheart deals, union labour "cartels" and archaic work
practices have made Australian construction costs almost double
those in the US for some projects, according to a Menzies Research
Centre report recommending reforms to shave infrastructure
costs by 10 per cent (12 September 2016).
More...
Bosisto's pay $10,800 penalty for allegedly false or
misleading tea tree oil claims
The ACCC issued the infringement notice because it had reasonable
grounds to believe that Bosisto's had made a false or
misleading representation in breach of the Australian Consumer Law
(ACL) by labelling its tea tree oil as 100% pure, when that was not
the case (08 September 2016).
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ACCC releases issues paper for communications sector
market study
The ACCC has released an issues paper to begin seeking feedback
from industry and consumers as part of its market study of the
communications sector. The paper calls for comment on a range of
matters that may affect competition, the efficient operation of
markets, and investment incentives over the next five years and
beyond (05 September 2016).
More...
ACCC seeks feedback on a framework for guidance on
competition law reforms
The Australian Government released an exposure draft of the
Competition and Consumer Amendment (Competition Policy Review)
Bill today to implement reforms identified by the Harper
Competition Policy Review (05 September 2016).
More...
Competition 'effects test' legislation
released
Public consultation has begun in earnest on laws aimed at
preventing the misuse of market power. Changes also include:
broadening the definition of competition to include potential
imports of goods and services; confining the cartel conduct
provisions to conduct affecting competition in Australia;
prohibitions on price signalling, exclusionary provisions and
concerted practices (05 September 2016).
More...
Travel sites to amend price clauses to allow cheaper
hotel rates
The competition watchdog has reached a deal with travel sites
Expedia and Booking.com to allow hotels to provide cheaper rates to
customers booking on the phone or through walk-ins, but not on the
hotels' actual website (02 September 2016).
More...
Credit card surcharges overhaul leaves companies facing
fines if found overcharging consumers
Companies that charge consumers excessive credit card fees will be
hit with big fines under a ban that takes effect on Thursday.
Australian Competition and Consumer Commission (ACCC) chairman Rod
Sims said companies "won't be able to charge whatever they
like" depending on how you pay for a bill (01 September 2016).
More...
ACCC takes action against Volkswagen over diesel
emission claims
The ACCC has instituted proceedings in the Federal Court of
Australia against German company Volkswagen Aktiengesellschaft
(VWAG) and its Australian subsidiary, Volkswagen Group Australia
Pty Ltd (VGA), alleging they engaged in misleading or deceptive
conduct, made false or misleading representations and engaged in
conduct liable to mislead the public in relation to diesel vehicle
emission claims (01 September 2016).
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Westpac refunds $20m to customers over foreign
transaction fees
Westpac, Australia's second largest bank by market
capitalisation, has refunded about $20 million in credit card
foreign transaction fees to approximately 820,000 customers. ASIC
deputy chairman Peter Kell warned many Australians were not aware
they were being charged (08 September 2016).
More...
In practice and courts, published reports
ACCC updated guidance material on information gathering
powers
The Australian Competition and Consumer Commission has released
updated
guidelines on its use of mandatory information gathering powers
under the Competition and Consumer Act 2010 (the CCA).
This includes a basic guide for individuals and small businesses
(07 September 2016).
More...
ACCC: New law on unfair contract terms to provide
protections for farmers and agriculture businesses
From 12 November 2016 a new law comes into place that will protect
farmers and small businesses from unfair contract terms. If a
farmer is concerned about the terms of a contract they have
received, they should visit the ACCC website or
contact the ACCC's Agriculture Unit for
information about the law.
More...
How to Assess the Competitiveness and Efficiency of the
Superannuation System: Draft report
The sheer size of the superannuation system, combined with its
compulsory and broad nature, makes the efficiency of the system
paramount. This draft report was released on 2 August 2016.
Submissions are due by 09 September 2016.
More...
ASIC's Corporate Plan 2016–17 to 2019–20
and Focus for 2016–17 to 2019–20 and Focus for
2016–17
ASIC has published its Corporate Plan for 2016–17. The
Corporate Plan outlines ASIC's vision: To allow markets to fund
the economy, and in turn, economic growth (31 August 2016).
More...
Cases
Griffiths v LMM Holdings Pty Ltd as the Trustee for the
Brisbane BMW Trust [2016] FCCA 2322
CONSUMER LAW – Misleading and deceptive conduct –
whether representations as to the delivery of motor vehicle be made
– whether representations were true – representation as
to a future matter – whether reasonable grounds for making
representation.
CONTRACT – Whether pre-contractual representation a term of
the contract – where pre-contractual representation not a
term promissory in nature and not of the contract – where no
reliance upon pre-contractual representation – where no
estoppel arises by reason of the representation. Australian
Consumer Law, ss.23(1), 24.
Australian Competition and Consumer Commission v Ozsale Pty
Limited [2016] FCA 1049
CONSUMER LAW – supplying and offering to supply
children's garments that did not meet the relevant fire hazard
safety standards – admitted contraventions – parties
agreed as to facts, liability and penalties – pecuniary
penalties – declarations – injunctions –
compliance program - Australian Consumer Law ss 106,
224.
Curtis v Potter & Co Pty Ltd t/as The Africa Safari
Co [2016] NSWCATAP 196
CONSUMER CLAIM – Whether decision of Tribunal addressed the
respondent's alleged breaches of the Australian Consumer Law
– Whether the Tribunal took into account a "once in a
lifetime" experience – Whether the Tribunal's
decision reflected the financial loss suffered by the appellant and
his wife for three wasted days - Whether the Tribunal took into
account the unconscionable conduct of the respondent - Whether the
Tribunal took into account the misleading and deceptive conduct of
the respondent.
AUSTRALIAN CONSUMER LAW (NSW) – meaning and effect of the
requirement of s 79U that the orders be fair and equitable to all
parties to the claim – assessment of damages pursuant to s
236 of the Australian Consumer Law (NSW).
Legislation
Competition and Consumer Amendment (Competition Policy
Review) Bill 2016 [Exposure Draft]
This draft contains significant amendments to the Competition and
Consumer Act 2010 (the CCA). See the Exposure Draft (06 September
2016).
Competition and Consumer Amendment (Country of Origin) Bill
2016
Registered 05 September 2016; HR 01 September 2016 - The Bill
amends the Australian Consumer Law (ACL) (Schedule 2 of the
Competition and Consumer Act 2010) to alter the definition
of substantial transformation as it applies to the safe harbour
provisions of the ACL. This Bill complements the Country of
Origin Food Labelling Information Standard 2016 (Information
Standard) (made under the ACL) which came into effect on 1 July
2016.
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.