In the media
Competition law could seriously harm
competition
Professors Stephen King and Graeme Samuel discuss the proposed and
potential changes to Australia's competition laws against the
misuse of market power this week (05 May 2015).
More...
Rental company Make it Mine breached consumer law:
Federal Court
The Federal Court finds white goods and computer rental company
Make it Mine breached consumer law, affecting thousands on welfare
benefits (01 May 2015).
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ASIC: Rental company found to have breached consumer
credit laws
The Federal Court has found white goods and computer rental
company Make It Mine Pty Ltd breached consumer credit laws,
including its responsible lending obligations. The company admitted
to the misconduct and most of the key issues in the proceedings
were undisputed (01 May 2015).
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ACCI: Legislation for unfair contract protections will
help small businesses grow
The Federal Government's draft legislation to extend unfair
contract protections currently available to consumers to cover
small business will give those enterprises greater confidence to
invest, grow and hire staff. In most cases contracts between
businesses are already balanced and reasonable, but there are
occasions when small businesses are not getting a fair deal (28
April 2015).
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In practice and courts, published reports
ACCC issues ACCCount for March quarter
The ACCC has published ACCCount for the March quarter 2015 (30
April 2015).
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Cases
Australian Competition and Consumer Commission v AGL
South Australia Pty Ltd [2015] FCA 399
CONSUMER LAW – Penalty hearing – contraventions of ss
29(1)(g), 29(1)(i) and 18(1) of the Australian Consumer Law –
whether orders sought by consent appropriate in the circumstances
– factors bearing on size of pecuniary penalties –
non-party consumer redress – publication and disclosure
orders. Competition and Consumer Act 2010 (Cth) ss 224,
239, 240, 241, 243, 246, 247; Sch 2 ss 18, 29; Trade Practices
Act 1974 (Cth) s 87AAA. More...
Make It Mine Finance Pty Ltd, in the matter of Make
It Mine Finance Pty Ltd [2015] FCA 393
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 – interpretation of s
113(5) of the Code – breach of responsible lending
requirements. 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. More...
Australian Competition and Consumer Commission v
Spreets Pty Ltd [2015] FCA 382
CONSUMER LAW – misrepresentations to consumers by online
group buyer concerning price of deals, consumer guarantees, voucher
redemption and remedies – declarations, civil penalties and
non-punitive orders sought – s 18 and s 29 Australian
Consumer Law – statement of agreed facts and admissions
pursuant to s 191(3)(a) Evidence Act 1995(Cth).
Australian Consumer Law (Sch 2 to the Competition and Consumer
Act 2010 (Cth)) Pts 3-1, 3-2, 5-4, ss 18, 19, 29, 29(1)(i),
29(1)(m), 224, 224(1)(a)(ii), 224(2), 224(4)(b), 246. More...
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