In the media
Court ruling on Essendon drugs saga edges AFL boss
nearer to trial
Supreme Court judge John Dixon ruled in favour of Melbourne lawyer
Jackson Taylor on two key issues. Taylor has fought against the AFL
for years, alleging McLachlan and Fitzpatrick engaged in misleading
or deceptive conduct through the scandal which rocked the sport
when exposed in February 2013 (06 June 2018).
More...
Jenny Craig pays penalty for "10kg for $10"
ads
Jenny Craig Weight Loss Centres Pty Ltd (Jenny
Craig) has paid $37,800 in penalties following the ACCC
issuing three infringement notices for alleged false or misleading
representations in breach of the Australian Consumer Law. From
December 2017 to February 2018, Jenny Craig represented in
television advertisements people could lose up to 10kg of weight
for a $10 program fee, without adequately disclosing customers also
had to purchase food at an additional cost (05 June 2018).
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Accused $180 million Pilbara 'Ponzi' scheme
promoter Veronica Macpherson banned by ASIC
A WA businesswoman under investigation for masterminding a
suspected $180 million "Ponzi" scheme, in which Malaysian
and Singaporean investors were courted to invest in Pilbara
property, has been permanently banned from providing financial
services (04 June 2018).
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Criminal cartel charges laid against ANZ, Citigroup and
Deutsche Bank
Citigroup Global Markets Australia Pty Limited
(Citigroup), Deutsche Bank Aktiengesellschaft
(Deutsche Bank) and Australia and New Zealand
Banking Group Ltd (ANZ) have been charged with
criminal cartel offences following an investigation by the ACCC.
Criminal charges have also been laid against several senior
executives: John McLean, Itay Tuchman and Stephen Roberts of
Citigroup; Michael Ormaechea and Michael Richardson formerly of
Deutsche Bank; and Rick Moscati of ANZ (05 June 2018).
More...
ANZ bank to face criminal cartel charges
The ANZ bank, as well as Citigroup and Deutsche Bank, are expected
to face criminal cartel charges after an investigation from the
Australian Competition and Consumer Commission. The expected
charges relate to the bank's $2.5bn capital raising in late
2015 (01 June 2018).
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ACCC statement regarding Citigroup
ACCC statement regarding ANZ
ACCC statement regarding Deutsche Bank
Former Australian Bight Abalone CEO sentenced to 3 and a
half years prison over false and misleading
information
Mr Andrew Ferguson, the former Chief Executive Officer of South
Australian abalone farm Australian Bight Abalone
(ABA) has been sentenced in the District Court
following an ASIC investigation which resulted in Mr Ferguson being
charged with 17 counts of providing false and misleading
information to the ABA Board of Directors and prospective investors
(01 June 2018).
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Court lifts suppression orders in ACCC's CFMEU
case
The Federal Court has lifted suppression and non-publication orders
in the ACCC case against the CFMEU, and published an unredacted
copy of its judgment. The ACCC commenced proceedings against the
CFMEU in November 2014 alleging it had engaged in secondary boycott
conduct in breach of section 45D of the Competition and
Consumer Act (2010) (01 June 2018).
More...
Unlockd wins bid to stop Google blocking app in
Australia
Mobile advertising startup Unlockd won a temporary injunction from
the Federal Court barring Google from blocking its app in Australia
until further hearing, in the first case to test revamped misuse of
market power laws. The case alleges misleading and deceptive
conduct under the Australian Consumer Law and accuses Google of
misusing its market power in violation of section 46 of the
Competition and Consumer Act (31 May 2018).
More...
Wilson Security to refund $740,000 for services not
provided
Wilson Security Pty Ltd (Wilson Security) will
refund 320 Western Australian customers a total of $740,000, after
charging for security patrols that were not provided in breach of
Australian Consumer Law. Wilson Security has admitted that by
charging customers for services that were not provided, they
engaged in misleading or deceptive conduct and made false or
misleading representations (30 May 2018).
More...
Victorian Supreme Court judge rules in Optus' favour
over advertising stouch
Optus has won a legal stoush over its "empires end" ads,
with Victoria's Supreme Court rejecting Telstra's claims
they amount to misleading or deceptive conduct. The telco claimed
Optus' use of the phrase wrongly implied it
"undisputedly" operated Australia's best mobile
network, but Justice Ross Robson was not convinced (30 May 2018).
More...
Cases
Australian Competition and Consumer Commission v The
Construction, Forestry, Mining and Energy Union (No 4) [2018]
FCA 684
COMPETITION – secondary boycott – pecuniary penalties
– course of conduct and totality principles – relevance
to penalty of actual loss and damage occurring in secondary boycott
– injunctions – compliance program – form of
declarations.
COSTS – Calderbank offer – relevant factors –
special consideration of regulator's role.
COSTS – apportionment of costs Fair Work Act 2009
(Cth); Trade Practices Act 1974 (Cth).
Australian Competition and Consumer Commission v Pfizer
Australia Pty Ltd [2018] FCAFC 78
COMPETITION – appeal by the Australian Competition and
Consumer Commission against an order of the Federal Court
dismissing a proceeding against Pfizer in which the ACCC alleged
that Pfizer had contravened s 46 and s 47(1) of the Competition
and Consumer Act 2010 (Cth) when it took certain steps
pursuant to a plan designed to enable Pfizer to compete in the
market for the wholesale supply of a pharmaceutical (atorvastatin)
to community pharmacies in Australia after the expiry of the
Australian patent for atorvastatin held by Pfizer.
COMPETITION – misuse of market power – whether the
primary judge erred in market definition – whether the
respondent had a substantial degree of market power in the relevant
market – whether the respondent took advantage of its market
power – whether the respondent had the purpose of
"deterring" a person from engaging in competitive conduct
in the atorvastatin market – whether the ACCC's case as
pleaded was legally incoherent.
COMPETITION – exclusive dealing – whether the
respondent supplied upon "condition" – whether the
respondent had the purpose of substantially "hindering"
competition in the atorvastatin market – whether s 51(3)
defence was established.
Hilchrist Pty Ltd v Visual Integrity Pty Ltd [2018] QDC
097
CONTRACT – Agreement contemplating formal document –
whether formal agreement superseded informal agreement –
effect of change of parties.
CONTRACT – Conditions and warranties – interpretation
of terms – whether breaches of warranties proved –
whether substantial damages proved.
EQUITY – Equitable estates and interests – vendor's
lien – whether available over personalty – whether
arising.
FRAUD, MISREPRESENTATION AND UNDUE INFLUENCE – Alienation of
property with intent to defraud – nature of intent –
whether proved.
TRADE PRACTICES – Misleading and deceptive conduct –
whether representation made – whether relied on.
Telstra Corporation Ltd v Singtel Optus Pty Ltd (No 2)
[2018] VSC 280
CONSUMER LAW – Alleged misleading or deceptive conduct
– Whether defendant's advertisements breach Australian
Consumer Law (sch 2 to the Competition and Consumer Act
2010 (Cth)) – False or misleading representations
– Whether representations liable to mislead as to performance
characteristics of services – held advertisement did not
convey pleaded representations – Claim dismissed.
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.