In the media
Former franchisees battle service station giant United
Petroleum
Three former United Petroleum franchisees are launching legal
action against the service station giant, claiming they have been
unfairly forced out of their businesses (30 August 2015).
More...
ACCC applies for special leave to appeal to the High
Court from the Full Federal Court Flight Centre
judgment
The ACCC is seeking special leave of the High Court to appeal the
decision of the Full Court of the Federal Court of Australia handed
down on 31 July 2015, in relation to allegations that Flight Centre
Travel Group Limited (Flight Centre) attempted to induce three
international airlines to enter into price fixing arrangements (28
August 2015).
More...
Lux ordered to pay $370,000 penalty for unconscionable
conduct
The Federal Court has ordered Lux Distributors Pty Ltd (Lux) pay
pecuniary penalties totalling $370,000 for engaging in
unconscionable conduct, in proceedings brought by the ACCC. The
Full Court noted in its judgment in 2013 that consumer protection
laws reinforce societal values and expectations that consumers will
be dealt with honestly and fairly, and without deception (24 August
2015).
More...
Federal Court penalises retailer $17 500 for Resale
Price Maintenance
The FCA has ordered Omniblend Australia Pty Ltd (Omniblend), an
online retailer of kitchen appliances including Omniblend blenders,
to pay a pecuniary penalty of $17 500 for aiding, abetting,
counselling and procuring an overseas supplier, Taiwan Star
International (TSI), to engage in resale price maintenance (20
August 2015).
More... More...
ACCC acts on Conroys "Product of Australia"
misrepresentation
Conroys Pty Ltd (Conroys) has paid a penalty of
$10,200 following the issue of an infringement notice by the ACCC.
The ACCC issued the infringement notice because it had reasonable
grounds to believe that Conroys made a false or misleading
representation about the place of origin of its Breakfast Bacon
– 1kg (the Bacon Product) in contravention of the Australian
Consumer Law (ACL) (20 August 2015).
More...
IBM 'negligent and misleading', Queensland
alleges
The Queensland government has accused technology giant IBM of
misrepresenting its credentials in delivering a $6 million payroll
system that cost $1.2 billion to fix. The Queensland government is
attempting to sue IBM not for breach of contract, but for what it
alleges was IBM's falsely representing its credentials before
the 2007 deal which it says is a breach of the Trade Practices Act
(20 August 2015).
More...
In practice and courts, published reports
Speech: Kate Carnell AO, Restoring Australia's
Competitiveness
CEO of the Australian Chamber of Commerce and Industry Kate Carnell
AO address to The Sydney Institute, discusses Restoring
Australia's Competitiveness (18 August 2015).
More...
Cases
Australian Competition and Consumer Commission v Lux
Distributors Pty Ltd (No 2) [2015] FCA 903
COMPETITION – Unconscionable conduct - Contraventions of s
51AB of the Trade Practices Act 1974 (Cth) and s 21 of the
Australian Consumer Law – Penalties – Relevant factors
considered in determining a just and appropriate penalty.
Competition and Consumer Act 2010 (Cth) Sch 2, ss 21, 224
of the Australian Consumer Law. Fair Trading Act 1999
(Vic) ss 62B, 62E; Trade Practices Act 1974 (Cth) 51AB,
76E. More...
Anchorage Capital Partners Pty Limited v ACPA Pty
Ltd [2015] FCA 882
TRADE MARKS – claims for infringement of trade marks –
whether respondents' use trade mark use – whether good
faith defence open to respondents – whether applicant owner
of trade marks – whether prior use established –
whether any relevant illegality existed to defeat any prior use of
respondents – matters relevant to discretion to remove trade
marks from register. CONSUMER LAW – whether respondents
engaged in misleading and deceptive conduct by using certain names.
TORTS – passing off – whether respondents' conduct
constituted passing off. This is an intellectual property case
about two firms with a very similar name, and financial service
industry. More...
Australian Competition and Consumer Commission v
OmniBlend Australia Pty Ltd [2015] FCA 871
COMPETITION – resale price maintenance – ss 48 and 96
of Competition and Consumer Act 2010 (Cth) –
assessment of penalties – accessorial liability.
Competition and Consumer Act 2010 (Cth) ss 5(2), 44ZZRJ,
48, 76, 80(1)(c), 84(2)(a) and 96.Evidence Act 1995 (Cth)
s 191. More...
CPA Australia v Storai [2015] VSC
442
COMPETITION AND CONSUMER LAW – unconscionable conduct –
operation of complaint and discipline system of accountancy body
– whether involved supply of 'services' - whether any
services supplied 'in trade or commerce' – appeal
– Victorian Civil and Administrative Tribunal declaration of
fair-trading jurisdiction in relation to operation of system
– whether an error of law – Competition and
Consumer Act 2010 (Cth), Sch 2 (the Australian Consumer Law),
s 21(1), Victorian Civil and Administrative Tribunal Act
1998 (Vic) s 148(1). 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.