Most Read Contributor in Australia, September 2016
In the media
How far should chief executives go in supporting social
Is economic force, even boycotting, a legitimate means of a
corporate chief executive exercising social values? Boycotting a
region or state is an act of power, not one of reason or dialog,
and a boycott is intrinsically a form of collective punishment (20
Five banks fined $5.7b over rate rigging
Five of the world's largest banks, including JPMorgan Chase
& Co and Citigroup Inc , were fined roughly $5.7 billion (4
billion pounds), and four of them pleaded guilty to U.S. criminal
charges over manipulation of foreign exchange rates, authorities
said on Wednesday. A fifth bank, UBS AG , will plead guilty to
rigging benchmark interest rates, the U.S. Justice Department said.
(20 May 2015).
Call to review organic standard in wake of GM
The body that sets standards for organic food in Australia is
considering a contentious change to regulations in the wake of a GM
contamination court case. The Organic Industry Standards
Certification Council (OISCC) is deliberating on an application to
give growers greater lenience if their property is unintentionally
contaminated with genetically modified (GM) organisms (15 May
ACCC takes action against Clinica and Radovan Laski
alleging false or misleading representations and unconscionable
The ACCC has instituted proceedings in the Federal Court against
Clinica Internationale Pty Ltd (Clinica) alleging that Clinica made
false or misleading representations and engaged in unconscionable
conduct in relation to a program offering migrants training and
employment that it represented would lead to permanent residency in
Australia (15 May 2015).
Electronic Bazaar operator to pay penalties of $100,000
for misleading consumers
The Federal Court has ordered the sole operator of the online
electronics store Electronic Bazaar, to pay penalties totalling
$100,000 for contravening the Australian Consumer Law (ACL). Mr
Chopra made false or misleading representations to consumers about
the availability of refunds and the extent of Electronic
Bazaar's liability for faulty goods (13 May 2015).
Get Off Drugs Naturally Foundation Inc and Dr Nerida
James - Enforceable undertaking
Get Off Drugs Naturally Foundation Inc operated two websites
(getoffdrugs.com.au and getoffdrugsnaturally.com.au), which
included testimonials from 'patients' who had participated
successfully in its programs. Under the terms of the undertaking,
Get Off Drugs Naturally must remove all false claims about the
effectiveness of its program, and testimonials it was unable to
substantiate, from the website (11 May 2015).
In practice and courts, published reports
Samsung Electronics Australia Pty Limited v LG
Electronics Australia Pty Limited (No 2)  FCA
CONSUMER LAW – whether final injunction should be granted
restraining contravention of Australian Consumer Law where risk of
repetition of contravening conduct slight –factors relevant
to discretion to grant such relief – declarations and
injunction granted – order for corrective advertising –
whether utility in order for corrective advertising –
relevance of effluxion of time – order for corrective
advertising refused. COSTS – where applicant achieves mixed
results – appropriate costs order – applicant ordered
to pay 50% of respondent's costs of proceeding to date
including reserved costs but excluding costs the subject of any
previous costs orders. Competition and Consumer Act 2010
(Cth) Sch 2 (Australian Consumer Law); Trade Practices Act 1974
(Cth) s 80.More...
Ocean Dynamics Charter Pty Ltd v Hamilton Island
Enterprises Limited  FCA 460
PRACTICE AND PROCEDURE – competition law – application
for mandatory interlocutory injunction – whether principles
concerning mandatory interlocutory injunctions are different from
prohibitory interlocutory injunctions – whether prima facie
case exists that respondent has taken advantage of substantial
power in a market for a proscribed purpose – definition of a
market – whether balance of convenience favours an injunction
– injunction granted. Competition and Consumer Act
2010 (Cth) ss 4E, 4F(1)(b), 46, 46(1), 46(1)(a), 46(1)(b),
46(1)(c), 46(6A), 46(7), 80, 80(2).More...
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