In the media
European push to expand method of production food
labels
While Australia debates labelling to tell us where our food comes
from, in Europe there is a push for the expansion of mandatory
labelling to explain how food is produced (17 June 2015).
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BT fined for misleading super statements
BT Group has paid $20,400 in penalties after ASIC found the firm
made misleading claims about its super performance in its Google.
The misleading statements were contained in two separate online
advertising campaigns (17 June 2015).
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ACCC concludes investigation into alleged
anti-competitive conduct by Toll
The ACCC has concluded its investigation into alleged
anti-competitive agreements between Toll Holdings Limited (Toll)
and the Transport Workers Union of Australia (the TWU), and does
not consider that the alleged conduct contravenes the provisions of
the Competition and Consumer Act 2010 (CCA) (16 June
2015).
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ACCC gives Toll and TWU the all clear on
agreements
Critics of company cooperation with trade unions have received a
hefty setback with the Australian Competition and Consumer
Commission (ACCC) rejecting any competition implications for
Toll's dealings with the Transport Workers Union (TWU) (16 June
2015).
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Agreement on developing national free range egg
standard
State and federal ministers have agreed to work on a national
enforceable standard for free range eggs (12 June 2015).
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Consumers and the community to have their say on Country
of Origin food labelling
All Australians can have their say on what they want in clearer
country of origin food labelling in an online survey that will help
design the Australian Government's new labelling system (09
June 2015).
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Crackdown On Private Carpark Operators
The Andrews Labor Government will introduce new legislation to
protect Victorians from misleading and unfair practices by private
car park operators. Minister for Consumer Affairs, said some
operators in pay and display car parks were issuing unenforceable
payment notices which were dressed-up to look like fines (10 June
2015). More...
Meeting of Ministers for Consumer Affairs
Of particular focus was the current discourse on the labelling of
commercially sold eggs across our nation. Ministers agreed further
policy intervention is required to enhance consumer confidence and
certainty regarding egg labelling. It is important to provide
producers and retailers with greater clarity on what consumer
regulatory agencies will consider not to be false and misleading
representations (12 June 2015).
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CHOICE: Australian shoppers ripped off on more than 200
million 'free range' eggs
Australians are forking out twice the cost of caged eggs to buy
"free range" but are not getting what they think they are
paying for (09 June 2015).
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In practice and courts, published reports
Food labelling survey open to public
Public consultation on country of origin food labelling starts
today, with the opening of an online community
survey. The federal government is calling for consumer
feedback from the people who will be making use of the new labels
in supermarkets. The Patties contaminated berry scare in
February brought the long-running issue to a head,
prompting Ministers to prepare an urgent submission for Cabinet
consideration.
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Reminder:
Private Members Bill introduced by Senator Nick Xenophon in March
2014. Referred to Committee on 20 March; several extensions to
original report date of 24 June 2014 have been granted. Final
report released: 26 February 2015 (recommended against passage of
the bill) Submissions due: 30 June 2014.
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Cases
Australian Competition and Consumer Commission v
Adata (Vic) Pty Ltd (No 3) [2015] FCA 583
PRACTICE AND PROCEDURE – application for default judgment
under r 5.23(2)(c) – relevant principles for granting default
judgment including for declaratory orders – consideration of
discretion in making declaratory orders on deemed admissions
– consideration of use of "and/or" in establishing
whether each element of contravention properly pleaded –
whether declaratory orders should be made. CONSUMER LAW –
consideration of contraventions of the unsolicited consumer
agreement provisions in Division 2 of Part 3-2 of the Australian
Consumer Law – consideration of the elements necessary to
establish contraventions of ss 73, 76, 78, 79 and 86 of the ACL
– consideration of the reverse onus provision in s 70 of the
ACL – whether facts properly pleaded to establish any
contravention of the ACL. More...
Laro-Bashford & Anor v Mihos [2015] VCC
755
TRADE PRACTICES - misleading and deceptive conduct under Fair
Trading Act 1999 (Vic) – representations made regarding
investment – representations made regarding return on
investment. NEGLIGENCE – whether defendant owed plaintiffs
duty of care – whether breached duty of care – whether
plaintiffs contributed to their own loss. Legislation Cited:
Fair Trading Act 1999 (Vic); Wrongs Act 1958
(Vic). Cases Cited: BHP Billiton Olympic Dam Corporation Pty
Ltd v Steuler Services GmbH & Co KG [2014] VSCA 338;
Caltex Refineries (Qld) Pty Ltd v Stavar [2009] NSWCA 258;
(2009) 75 NSWLR 649. Judgment: Judgment for the plaintiffs for the
sum of $87,185. More...
Legislation
Competition and Consumer (Industry Codes—Food and
Grocery) Regulation 2015 now in effect
The Code was prescribed on the 26th of February 2015, has passed
both the House of Representatives and the Senate. The Code applies
to retailers and wholesalers, and features minimum standards of
behaviour in dealings with suppliers, including an obligation to
act in good faith and a prohibition against threatening suppliers
with business disruption or termination without reasonable grounds.
The ACCC is now responsible for enforcement of the Code (June
2015).
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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.