In the media
Former truckie John stands by sign in protest
The Contractor Driver Minimum Payments Road Safety
Remuneration Order 2016 will, for the first time, set national
minimum payments for certain contractor drivers in the road
transport industry. This has been labelled as price fixing of the
highest order because it allows these big companies to come in with
competitive prices in an economy where people are looking for the
most cost effective price by small industry players (08 April
2016).
More...
ICA wants to challenge RSRT in the High Court
Private contractor group Independent Contractors
Australia aims to pit the Whitlam Government's Prices
Justification Act 1973-1974, and the referendum rejecting federal
control over pricing that led to it, against the Road Safety
Remuneration Act in a High Court challenge (07 April 2016).
More...
Govt wants legislation to delay RSRO start
The transport industry has welcomed the news that the
federal government will introduce legislation to delay the start of
the Contractor Driver Minimum Payments Road Safety Remuneration
Order 2016 (RSRO) to January next year (05 April 2016).
More...
ACCC launches market study into cattle and beef
industry
The ACCC has announced it will commence a market study
into the cattle and beef industry in Australia. This study will
'examine competition, efficiency, transparency and trading
issues in the beef and cattle supply chain.' (05 April
2016).
More...
Loyal Coal Pty Ltd admits breaching competition law in
relation to Mount Penny coal exploration licence tender
process
Loyal has admitted that in early June 2009 Loyal withdrew
from the tender process and refrained from pursuing competing bids
in respect of Mount Penny and Glendon Brook. Loyal has admitted
that by engaging in this conduct it made an understanding
containing an exclusionary provision, in breach of the Competition
and Consumer Act 2010 (Cth) (05 April 2016).
More...
Malcolm Turnbull rebukes banks after Asic allegations
against Westpac
Prime minister addresses Westpac lunch after ASIC accuses
banking group of rigging bank bill swap reference rate. ASIC
alleged that Westpac engaged in "unconscionable",
"misleading" and "deceptive" conduct on 16
occasions between April 2010 and June 2012 (06 March 2016).
More...
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Regulators rule at AFR Banking & Wealth Summit
Just when the banking sector thought the intense interest
in the activities of its financial markets dealers might slip off
the radar, the Australian Securities and Investments Commission
moved late on Tuesday to take civil action against Westpac for
alleged misleading and deceptive conduct, unconscionable conduct
and artificial pricing for the bank bill swap rate (05 April
2016).
More...
Witness disappears in cartel conduct case against Obeids
and Sydney businessmen
The hearing of the cartel conduct case, launched by the
ACCC last year, kicked off on Monday with allegations the Obeids
received "substantial benefits" including $28 million in
cash for rigging a NSW government tender for two lucrative coal
exploration licences. The ACCC is seeking monetary penalties and
costs as well as orders that the men be disqualified from managing
companies for a set time (03 April 2016).
More...
ACCC takes action against SoleNet, Sure Telecom and
James Harrison for alleged unconscionable conduct and undue
harassment
The ACCC has commenced proceedings in the Federal Court
against 11 corporations trading as SoleNet and Sure Telecom (the
Harrison Companies) and their director James Harrison alleging
unconscionable conduct in the supply of telecommunications services
and undue harassment, in breach of the Australian Consumer Law
(ACL) (04 April 2016).
More...
Insurance contracts under spotlight in consumer law
review
Standard-form contracts covered by the Insurance
Contracts Act 1984 are included in a review of Australian
Consumer Law by Consumer Affairs Australia and New Zealand. The
review will examine whether insurance contracts should be treated
in the same way as other standard-form contracts (04 April 2016).
More...
ACCC boss Sims slams effects test mistruths from big
corporates Feature
The competition watchdog's head is accusing corporate
executives of spreading "mistruths" to attack law changes
that would limit their use of market power (29 March 2016).
More...
In practice and courts, published reports
CAANZ: Have your say on the Australian Consumer
Law
The released Issues Paper is seeking views on whether the
law is operating as intended, the effectiveness of its enforcement,
and whether it can flexibly respond to new and emerging consumer
issues (31 March 2016).
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ACCC market study into the cattle and beef industry in
Australia: Issues Paper
The issues paper will provide detailed information on the
scope of the study and how interested parties can participate. The
dates and locations of the consultation forums will be announced on
the ACCC's website next month. The ACCC will then release a
final report, likely in late November.
More...
Country of Origin Labelling Reforms
On 31 March 2016, Commonwealth, state and territory
ministers with responsibility for consumer affairs met and agreed
to the Commonwealth's preferred proposal for country of origin
labelling reform, supported by a Decision Regulatory Impact
Statement (RIS). More...
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The third Emissions Reduction Fund auction
The Clean Energy Regulator has announced the third
Emissions Reduction Fund auction will be held on 27 and 28 April
2016. The April 2016 auction will follow the same format as the
second auction, in a single-round pay-as-bid auction.
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Controversial RSRO changes stopped at the last
minute
The Road Safety Remuneration Tribunal was set to
introduce mandatory minimum charges for transport contracts. Due to
take effect on the April 4 2016, the changes would bring
owner-drivers in line with the union award requirements and could
see fines of $54,000 if drivers failed to comply (05 April 2016).
More...
Two reviews of the Road Safety Remuneration System
released and consultations to commence
The Department of Employment will be undertaking
consultations with key industry participants and key stakeholders
during April 2016 to discuss the findings of the reports and
options for reform.
More...
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Cases
Tyne (Trustee) v UBS AG [2016]
FCA 241
APPEAL AND NEW TRIAL – application for leave to
appeal – finding that proceeding was an abuse of process
– Applicants alleged that in 2007 and 2008, UBS made
representations or gave misleading or negligent advice to Mr Tyne,
and breached fiduciary duties owed to the trustee of the Argot
Trust, concerning Telesto's acquisition and retention of
Kazakhstan bank bonds - applicants should be granted leave to
appeal. More...
Fazio Richards Pty Ltd v Ibis Way Pty
Ltd [2016] FCA 308
CORPORATIONS – joint venture – fiduciary
relationship – breach of fiduciary obligations – power
of attorney – joint venture vehicle – issue of shares
– cancellation of shares – fiduciary claims
dismissed. INTELLECTUAL PROPERTY – patents –
infringement – US proceedings – Markman hearing –
Italian proceedings – exploitation of patents – use of
joint venture vehicle – inadequacy of settlement –
misleading or deceptive conduct involving both US and Italian
proceedings. More...
Australian Competition and Consumer Commission v
Valve Corporation (No 3) [2016] FCA 196
PRIVATE INTERNATIONAL LAW – Meaning of proper law
of a contract – operation of "conflict of laws"
clause in s 67(a) of Australian Consumer Law – whether
Division 1, Part 3-2 (Chapter 3) of Australian Consumer Law applies
to contracts where the real and closest connection is not the law
of any part of Australia. CONSUMER LAW – meaning of
"goods" in s 4(1) of the Australian Consumer Law –
whether provision of computer software by contract involving a
licence for provision of computer software is a supply of
goods. CONSUMER LAW – meaning of "conduct in
Australia" in s 131(1) of the Competition and Consumer Act
2010 (Cth) – whether there is a requirement that
representations be "directed" at Australians to be
conduct in Australia – whether representations made on
websites are "directed". CONSUMER LAW –
meaning of "carry on business in Australia" is s 5(1)(g)
of the Australian Consumer Law – whether respondent
"carries on business in Australia" when it has 2.2
million Australian subscriber accounts, generates large Australian
revenues, has valuable personal property in Australia, has business
relationships in Australia, and incurs tens of thousands of dollars
of monthly expenses in Australia. CONSUMER LAW –
representations in consumer agreements, in chat logs and on website
– whether representations contravened s 18(1) or s 29(1)(m)
of the Australian Consumer Law – misrepresentations contained
within contractual terms – extent to which qualifications in
the same or other contractual terms alter the otherwise misleading
representation. More...
Azzi v Phillips [2016] NSWDC
40
CONTRACT – loan agreements – written loan
agreements entered into after payments made – whether monies
paid are loans or payments for services rendered by the defendant
– defendant asserts written contracts are void for lack of
consideration – defendant cross-claims for breach of
contract, accounts stated, estoppel by representation, quantum
meruit and misleading and deceptive conduct
– fact-finding and issues of credit. Australian
Consumer Law (Competition and Consumer Act 2010 (Cth), Sch 2),
s 4. More...
Clarkson Williams Partners Pty Ltd v Vaughan (No
2) [2016] ACTCA 8
CIVIL LAW – Jurisdiction, practice and procedure
– Costs – Costs follow the event – costs where
successful party has not succeeded on all issues –
discretionary nature of costs order – unsuccessful grounds of
appeal raised discreet issues – unsuccessful grounds of
appeal constituted dominant part of submissions and argument
– no order as to costs. The appellant succeeded in only one
of its five grounds of appeal concerning the primary judge's
findings of misleading or deceptive conduct. This was, of course,
enough to require that the appeal be allowed. More...
Triple A Events Pty Ltd v Macquarie Commercial and
Business Sales Pty Ltd (Civil Claims) [2016]
VCAT 486
Misleading or deceptive conduct –
representation that first respondent could sell first
applicant's business within six weeks – representation as
to future matter – non-disclosure of common ownership of
first and third respondents and of their manager's bankruptcy
– remedy for consequences of conduct – Australian
Consumer Law (Victoria) ss 4, 18, 236, 237(1), 243. More...
Selvaratnam v World Challenge Expeditions Pty Ltd
(Civil Claims) [2016] VCAT 511
Secondary school student undertakes travel for personal
development and as a component of a service award - student finds
that the particular travel does not count towards that award -
student also complains that the trip was unsatisfactory in some
respects - claim against the travel company for breach of contract
and misleading and deceptive conduct - Australian Consumer Law
sections 18 and 236 - misleading conduct not established - implied
terms of the contract. 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.