In the media
ACCC to investigate and report on Australian gas markets
and market transparency
The ACCC will use its inquiry powers, including its ability to
compulsorily acquire information, to increase transparency and
address opaqueness in the gas market. The ACCC will provide regular
information to the market over the next three years on the supply
and pricing of gas under a broad reference from the Federal
Government. The first report is due to be released in October 2017
(20 April 2017).
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Final report for the Review of Australian Consumer
Law
The final report for the Review of Australian Consumer
Law, conducted by Consumer Affairs Australia and New Zealand
(CCANZ), has today been welcomed by Federal Small Business Minister
Michael McCormack, who is responsible for consumer affairs (19
April 2017).
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(Report) More...
The report was informed by submissions to the
Interim Report and
Issues Paper as well as comments received through this
website.
Annabelle Gibson and Inkerman Road Nominees Pty Ltd -
Court action
The Federal Court of Australia has ordered that Ms Annabelle
Natalie Gibson, 25, of Northcote, refrain from making claims, in
connection with the development, sale or promotion of health and
wellbeing advice. The orders were made after the court declared
that Ms Gibson and her company, Inkerman Road Nominees (ACN 164 850
748) - in liquidation - engaged in misleading and deceptive conduct
relating to the sale of Ms Gibson's book and app, The Whole
Pantry, in contravention of the Australian Consumer Law (ACL) (19
April 2017).
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Toughen penalties for companies breaching consumer law,
report says
Consumer affairs ministers should consider imposing tougher
financial penalties on companies that breach the law, a review of
the Australian Consumer Law suggests (19 April 2017).
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Thomas Foods International and irrigators join
electricity tender
Major South Australian-based red meat processor Thomas Foods
International and Riverland irrigators are part of a joint
electricity purchasing group that has won approval to tender for
power supply. ACCC Authorisation is sought as the proposed conduct
may contain a cartel provision or may have the purpose or effect of
substantially lessening competition (18 April 2017).
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Queensland government urged to support marketing
campaign for fair milk prices
The Queensland government has been urged to run a marketing
campaign to help consumers make better-informed decisions about the
milk they buy. The Agriculture and Environment Committee is
considering a Katter's Australian Party bill which would
establish criteria and legal protection for voluntary "fair
milk price" logos to be placed on containers of milk, and
would also set a minimum price to be paid to Queensland dairy
farmers to carry a fair milk price logo (16 April 2017).
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Fifth auction brings total abatement to 189 million
tonnes
The fifth Emissions Reduction Fund auction, held on 5-6 April,
will contribute a further 11.25 million tonnes of abatement to the
overall total. This will be delivered through 31 contracts for a
total value of $133 million (13 April 2017).
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(Minister Statement) More...
Productivity Commission report: Consumer Law Enforcement
and Administration
Minister for Small Business Michael McCormack, in his capacity as
Minister Responsible for Consumer Affairs, has welcomed the
Productivity Commission's report into Consumer Law Enforcement
and Administration. "The Productivity Commission's report,
released today, details its study findings into the administration
arrangements behind the Australian Consumer Law," (12 April
2017).
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Cases
Homart Pharmaceuticals Pty Ltd v Careline Australia Pty
Ltd [2017] FCA 403
TRADE PRACTICES – misleading or deceptive conduct –
packaging and get-up of cosmetic products – different trade
marks – market for both products consumers of ethnic Chinese
origin – comparison of products' get-up – extent of
reputation in both products – whether respondent
intentionally adopted features of applicant's get-up.
TRADE PRACTICES – misleading or deceptive conduct –
representations on WeChat website and in legal letters as to
comparative effectiveness of products, unlawful conduct and threats
to sue – whether relevant class of persons would consider
that alleged representations were made – whether
representations are actionable. Competition and Consumer Act
2010 (Cth) Schedule 2, s 18.
Sola Tube Australia Pty Ltd v Solar Bright International Pty
Ltd [2017] FCCA 657
CONSUMER LAW – Misleading or deceptive conduct –
whether the unauthorised use of an energy efficiency logo amounted
to misleading or deceptive conduct in contravention of ss.18 and
29(1)(a) of Schedule 2 to the Competition and Consumer Act
2010 (Cth) – whether the use of diagrams on websites and
marketing brochures would mislead or deceive the ordinary and
reasonable class of consumers in contravention of ss.18 and
29(1)(a) of Schedule 2 to the Competition and Consumer Act
2010 (Cth) into believing that the product works as
illustrated on those diagrams – whether the use of
advertising language on websites and marketing brochures would
mislead or deceive the ordinary and reasonable class of consumers
in contravention of ss.18 and 29(1)(a) of Schedule 2 to the
Competition and Consumer Act 2010 (Cth) into believing
that the product works as described – use of energy
efficiency logo would be likely to mislead or deceive consumers
– use of diagrams and advertising language on websites and
marketing brochures would not be likely to mislead or deceive
consumers. Competition and Consumer Act 2010 (Cth), s.2,
sch.2 – ss.18, 29.
Nyoni v Shire of Kellerberrin [2017] FCAFC
59
TORTS – misfeasance in public office – elements of
tort – where local government council chief executive officer
made misleading complaint on behalf of council to regulatory
authorities about pharmacist's conduct of business with
intention to injure pharmacist – where complaint made in
context of protracted campaign by officer and council to persuade
regulators to take action against pharmacist – whether making
of complaint was exercise of power attached to public office
– whether officer's targeted malice was misuse of power
– whether pharmacist suffered material or actual damage by
reason of injury to professional reputation – whether council
directly liable by reason of actions of chief executive
officer.
CONSUMER LAW – whether local government council's
publication of minutes of council meeting conveying allegedly false
representations about appellant's business capable of amounting
to misleading or deceptive conduct under s 52 of Trade
Practices Act 1974 (Cth) – whether council's
publication of minutes of meeting in accordance with obligation
under Local Government Act 1995 (WA) conduct "in
trade or commerce".
Australian Securities and Investments Commission v Kobelt
[2017] FCA 387
CONSUMER LAW – penalties to be imposed for a contravention
of s 12CB of the Australian Securities and Investments
Commission Act 2001 (Cth) (ASIC Act) and for contraventions of
s 29(1) of the National Consumer Credit Protection Act
2009 (Cth) (NCCP Act) - penalty imposed for a single
contravention of s 12CB by engaging in a system of conduct which
was unconscionable – 92 contraventions of s 29 of the NCCP
Act but the contraventions formed part of a course of conduct
– consideration of ss 166-7 of the NCCP Act – penalties
imposed for 45 contraventions – consideration of the totality
principle as applied to civil penalties. Australian Securities
and Investments Commission Act 2001 (Cth) ss 12 CB, 12GBA,
12GD(1), Building and Construction Industry Improvement Act
2005 (Cth), Crimes Act 1914 (Cth) ss 4AA, 4K;
National Consumer Credit Protection Act 2009 (Cth) ss 5,
6(1), 29, 37, 45, 47, 50, 51, 54, 88, Ch 3, 166, 167; National
Credit Code s 5.
Ebadeh-Ahvazi v Namrood [2017] NSWSC
399
CONVEYANCING – contract for sale of land – purported
termination by both parties – obligations on vendor to
perform works by completion – whether performance required by
completion date under contract or time of actual completion –
whether vendor complied with obligations – validity of notice
to perform – validity of notice to complete – whether
vendor engaged in misleading and deceptive conduct – whether
deposit should be returned. Competition and Consumer Act
2010 (Cth), Sch 2, s 18, Conveyancing Act 1919 (NSW),
ss 55(2A). The defendant further claims that he is entitled to
recover the amount of the deposit (and interest) as damages for
loss suffered as a result of an alleged repudiation of the contract
by the plaintiff, or by conduct said to have been engaged in by the
plaintiff in contravention of s 18 of Schedule 2 to the
Competition and Consumer Act 2010 (Cth) ("the
Australian Consumer Law").
Avadean Pty Ltd -v- Mullany [2017] WADC
50
Lease, Assignment of Lease and Guarantee - Whether Lease and
Assignment of Lease illegal and void pursuant to Town Planning
and Development Act 1928 (WA) - Severance - Effect of
illegality or invalidity - Terms of Guarantee and liability of the
Defendants - Mistake - Misleading and deceptive conduct - Turns on
own facts.
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.