In the media
BCA on side with small business
BCA competition spokesman Danny Gilbert said the changes to the
misuse of market power laws could discourage ordinary competitive
activities by businesses, regardless of size (17 July 2015).
More...
Qualcomm faces EU antitrust probes over tactics to block
rivals
European Union antitrust regulators are investigating whether one
of the world's biggest chipmakers, Qualcomm, uses illegal
tactics to shut out rivals. One investigation will look at whether
Qualcomm engaged in "predatory pricing" by charging at
less than cost with a view to forcing competitors out of the market
(16 July 2015).
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Pawnbrokers charging 420 per cent interest in
unregulated industry
Consumer law advocates are calling for greater regulation of the
pawnbroking industry in Victoria, where low income earners and
those on government benefits are charged 420 per cent interest per
annum on loans they are unlikely to ever afford to repay (16 July
2015).
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Air conditioning manufacturer accused of misleading
customers after gecko damage voids warranty
A Brisbane woman has accused an air conditioning manufacturer of
misleading customers after her warranty claim was rejected because
of a gecko (15 July 2015).
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Review to ensure national law continues to protect
Australian consumers
Small Business Minister Bruce Billson announced Ministers for
Consumer Affairs across Australia have agreed the terms of
reference for the first review of the Australian Consumer Law (ACL)
since its introduction on 1 January 2011 (10 July 2015).
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Toll Group to appeal to ACCC's decision to oppose NT
freight assets sale to rival Sea Swift
Toll Group will appeal to the Australian Competition Tribunal the
consumer watchdog's decision to oppose the sale of Toll's
Northern Territory sea transport assets to rival Sea Swift. The
ACCC said it would oppose the sale on the grounds it would result
in less competition (09 July 2015).
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CGU Insurance and Accident and Health International to
refund $2 million in 'useless' payday insurance
premiums
Following concerns raised by ASIC, CGU Insurance Limited (CGU),
together with Accident and Health International Underwriting Pty
Ltd (AHI) have agreed to refund consumers over $2,000,000 in payday
loan consumer credit insurance (CCI) premiums and fees. The
agreement follows earlier court action by ASIC against The Cash
Store, in which the Federal Court found that The Cash Store had
acted unconscionably in selling a payday loan CCI product (CCI
product) (07 July 2015).
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In practice and courts, published reports
Australian Consumer Law will be reviewed in
2016–2017
The Australian Consumer Law (ACL) will be reviewed for the first
time since it was introduced on 1 January 2011. The
review will begin in 2016, with an interim report due in the
second half of 2016, and a final report due by March 2017. The
review will be conducted by Consumer Affairs Australia and New
Zealand (CAANZ) (10 July 2015).
More...
The Review Terms of Reference
The survey will assess the level of understanding by consumers and
businesses of consumer laws, their application and enforcement and
determine whether laws are working as intended to prevent unfair
trading without unreasonably burdening businesses. The review will
also examine the flexibility of the ACL to respond to new and
emerging issues to ensure that it remains relevant into the future
as the overarching consumer law in Australia.
Cases
Bonham v Iluka Resources Limited [2015] FCA
713
PRACTICE AND PROCEDURE – Discovery - Preliminary discovery
sought by shareholder in respect of contemplated action following a
significant share price fall after publication of notice to market
- prospective applicant's submissions- engaged in misleading or
deceptive conduct by making of future representations without
reasonable grounds contrary to the Corporations Act, the
Australian Securities and Investments Commission Act 2001
(Cth) and the Australian Consumer Law , which contraventions
entitle a person who suffered loss or damage by reason thereof to
statutory compensation. More...
Gladio Pty Ltd v Buckworth [2015] NSWSC
922
TRADE PRACTICES – misleading and deceptive conduct –
whether sale of land occurred 'in trade or commerce'.
EQUITY – unconscionable dealing – where statutory
unconscionability under s 21 of the Australian Consumer Law only
applicable to acts 'in trade or commerce' – where
general law unconscionability requires knowing exploitation of
special disadvantage – where those elements not pleaded
– finding of no unconscionability – relief against
forfeiture sought on basis of same alleged unconscionability
therefore also unavailable. Competition and Consumer Act
2010 (Cth). More...
Allianz Australia Insurance Ltd v Haddad [2015]
NSWCA 186
AUSTRALIAN CONSUMER LAW – insurance contract –
Australian Securities and Investments Commission Act 2001
(Cth), ss 12CA, 12CB, 12DA and 12GF – misleading or deceptive
conduct by omission of information – renewal of annual home
insurance policy – whether insurer's failure to invite
renewal or to indicate that renewal would not be invited was
misleading or deceptive conduct in circumstances where the insurer
was separately dealing with insured in relation to a claim under an
earlier policy – whether conduct gave rise to a reasonable
expectation that the policy had been renewed or extended. More...
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.