Most Read Contributor in Australia, September 2016
In the media
ACCC welcomes funding to further regional
The acting chair of the ACCC said the Commission will prioritise
detecting, deterring and taking action against conduct that
breaches the Competition and Consumer Act(2010) (CCA) that
affects farmers and small businesses in rural and regional areas,
particularly cartels, misuse of market power, and misleading or
unconscionable conduct (04 July 2015).
Coles refunds over $12 million to suppliers following
The ACCC welcomes today's statement from independent arbiter,
who has instructed Coles to refund over $12 million to suppliers.
In December, the Federal Court made declarations in both
proceedings by consent that Coles had engaged in unconscionable
conduct in 2011 in its dealings with certain suppliers (30 June
Cabcharge's previous dominance of the Australian
taxi industry falls
The ACCC has forced Cabcharge to allow rival companies to process
its payments for the first time. The deal comes in the wake of five
years of legal wrangling, which saw Cabcharge pay $15 million in
penalties and costs for misuse of market power and predatory
pricing breaches (29 June 2015).
Extending consumer like protections to small business
Minister for Small Business has introduced legislation to extend
unfair contract term protections for small business. This
legislation will extend the consumer unfair contract terms
protections to cover standard form, small business consumer-like
contracts that are valued below a prescribed threshold (24 June
Labor to introduce legislation to end consumer leasing
access to Centrepay
Shadow Minister for Human Services will introduce legislation in
the Senate that will make consumer leases 'excluded goods'
under the Centrepay third party payments system. Consumer leases on
household goods are fringe financial products offered to low income
and financially vulnerable people and are widely known to cause
financial hardship (23 June 2015).
Australian Securities and Investments Commission v
Teleloans Pty Ltd  FCA 648
CONSUMER LAW – consumer credit – conduct as a credit
provider – alleged contraventions of the National
Consumer Credit Protection Act 2009 (Cth) (the Act) and
National Credit Code (Sch 1 to the Act) – application of the
Act and the Code to the respondent companies' activities
– first respondent provided loan application services to
applicants for credit, the second respondent provided loans to
successful applicants for credit – whether respondents had
arrangement such that amounts payable to them under their
respective contracts were each charges for the provision of credit
– definition of contract. Held: need to apply terms of the
statute – first respondent provided service not credit
– charges by first respondent merely a fee for service
– no direct relationship to loan with second respondent
– no contraventions of the Act. More...
Williams v Pisano  NSWCA 177
TRADE AND COMMERCE – Australian Consumer Law – conduct
"in trade or commerce" – whether representations
made on behalf of vendors to prospective purchasers of a
residential property constituted conduct "in trade or
commerce" – relevance of the fact of prior renovation of
the property, with the intention to sell it at a profit TRADE AND
COMMERCE – proportionate liability – whether Pt VIA of
the Competition and Consumer Act 2010 (Cth) applies to a
claim for damages caused by conduct done in contravention of a
provision of the Australian Consumer Law other than s 18 TRADE AND
COMMERCE – proportionate liability – definition of
"concurrent wrongdoer", s 87CB(3) – whether that
term applies to a single act committed by two or more persons
jointly TRADE AND COMMERCE – proportionate liability –
apportionment, s 87CD(1) – whether that provision requires
that the sum of the judgment sums against each of the concurrent
wrongdoers not exceed 100 per cent DAMAGES – measure of
damages – whether the market value of a property can be
determined by reference to the cost of rectification of defects
that involve breaches of statutory warranties WORDS AND PHRASES
– "in trade or commerce" – Australian
Consumer Law, ss 18, 30.
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This is the first charge against a corporation under the criminal cartel provisions of the Competition and Consumer Act.
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