In the media
1300 Australia to remove alleged unfair terms and refund
excessive termination fees
1300 Australia has undertaken to amend its current and
future contracts with small businesses and will refund part of the
termination fees paid by small business customers, as a result of
ACCC concerns that some of the contract terms were unfair (27 March
2020).
More...
ACCC authorises Regional Express to coordinate with
other airlines
The interim authorisation will also enable Rex, QantasLink
and Virgin to share revenue from providing services on the routes.
Importantly, it is conditional on airlines charging fares no higher
than those in place on February 1, 2020, meaning the airlines will
not be able to coordinate to raise prices (26 March 2020).
More...
Cooperation to aid supply of COVID-19 medical
equipment
Medical technology companies will be allowed to work
together to coordinate the supply and potential manufacture in
Australia of ventilators, testing kits, personal protective
equipment and other medical equipment needed to deal with the
COVID-19 pandemic (25 March 2020).
More...
Misuse of EPA logo leads to conviction and fine
EPA's Principal Solicitor Guy Ventrice said the fines
and conviction served as a reminder that courts will take a dim
view of anyone who misuses the logo of EPA for their own commercial
benefit. The EPA is prepared to take decisive action against any
person who falsely suggests an affiliation with EPA (27 March
2020).
More...
Coles, Woolies, IGA can now 'collaborate' as
shoppers report price gouging
Australia's competition watchdog turns one of the key
rules of consumer law on its head in response to the coronavirus
pandemic (24 March 2020).
More...
Supermarkets to work together to ensure grocery
supply
The ACCC has granted swift interim authorisation to Coles,
Woolworths, Aldi and Metcash (and other grocery retailers wishing
to participate) to coordinate in order to 'ensure consumers
have reliable and fair access to groceries' during the pandemic
(20 March 2020).
More...
Australian Banking Association small business relief
package
The ABA sought ACCC interim authorisation on behalf of its
members because the relief package involves coordination by
competing banks, actions that would otherwise raise concerns under
Australian competition laws (20 March 2020).
More...
Advice on event and travel cancellations due to
COVID-19
If the event, flight or travel service is cancelled due to
government restrictions, consumer rights under the consumer
guarantees may be impacted. In these situations consumers may be
entitled to a refund under the terms and conditions of their
ticket, or potentially may make a claim under a travel insurance
policy (17 March 2020).
More...
Debt collector Panthera to pay $500,000 in penalties for
undue harassment
The Federal Court also ruled that Panthera misled one of
the consumers by telling them they needed to pay Panthera $100 to
have a default listing removed from their credit file, even though
the credit default listing was incorrect and could have been
removed for free under the Privacy Act (16 March 2020).
More...
Australian motorists must benefit from any sustained
crude oil price fall
The ACCC will closely monitor retail petrol price
movements in Australia, to determine if further sustained
reductions in international prices are being passed onto consumers,
and will be publicly identifying those retailers that are not
passing on reductions (16 March 2020).
More...
Warning on COVID-19 scams
Australians should be aware scammers are adapting existing
technology to play on people's fears around coronavirus and
selling products claiming to prevent or cure the virus. Other scams
include people receiving misinformation about cures for coronavirus
and investment scams claiming coronavirus has created opportunities
to make money (19 March 2020).
More...
ACCC finds Gen Z most easily scammed
New figures released by the Australian Competition and
Consumer Commission (ACCC) have revealed that
young Australians lost more than $5 million in scams last year,
with reports from under-25's increasing at a faster rate than
those from older generations (16 March 2020).
More...
ASIC commences proceedings against CBA over
AgriAdvantage Plus Package - Royal Commission case study
ASIC has commenced proceedings in the Federal Court
against Commonwealth Bank of Australia (CBA) for
alleged breaches of the ASIC Act and Corporations Act for failures
of their AgriAdvantage Plus Package (AA+ Package).
More...
In practice and regulation
Draft notice: ACCC proposal to revoke Stanley Black
& Decker's Resale Price Maintenance
Stanley Black & Decker and interested parties can
comment on the draft notice before the ACCC makes a final decision.
Submissions are due by 24 April 2020. Further information,
including the resale price maintenance notification and details
about how to make a submission are available on the ACCC's
public register at
Stanley Black & Decker.
Consumer Affairs Victoria: Know your rights as Victoria
adapts to coronavirus (COVID-19) - News alert
The situation is frequently changing and Victorians
understandably have many questions. In response to increased
enquiries, Consumer Affairs Victoria has compiled information about
how the pandemic affects areas we regulate.
A new page here
covers: evictions; renters in crisis; inspections and auctions;
owners corporation annual general meetings; products and services;
price gouging and resellers; event cancellations and refunds;
sports memberships; scams relating to coronavirus (COVID-19) (25
March 2020).
More...
ACMA: Implementation of the Spectrum Pricing Review -
consultation 07/2020
This paper outlines our proposed guidelines and focus
areas as we implement the Spectrum Pricing Review.
Status Open, submissions close on 19 April 2020. Consultation
number IFC 7/2020.
More...
ACCC inquiry: ad tech and ad agency services
The ACCC's ad tech and ad agency services inquiry has
commenced with the ACCC releasing an issues paper and seeking
submissions from interested parties. Submissions are due by 21
April 2020. See
issues paper.
ACCC consultation: 26 GHz spectrum licences
The ACCC is seeking views on the likely demand for the 26
GHz spectrum licences, the potential uses for the spectrum, the
markets where this spectrum will be used, and any competition
issues associated with how this spectrum is allocated. The ACCC is
inviting submissions from interested parties by 27 March 2020. The
Minister has asked for the ACCC's advice by mid-May 2020. The
consultation paper is available at
Spectrum Competition Limits.
ACCC discussion paper: Agriculture machinery - after
sales markets
The ACCC has released a discussion paper focusing on
agriculture machinery aftermarkets. The associated survey is open
until 5 April and submissions can be made on the
ACCC's consultation hub. See the discussion paper
here.
NSW reminder: Changes to the residential tenancy
laws
Changes to the residential tenancy laws commenced on 23
March 2020, with amendments to the Residential Tenancies Act 2010
(the Act) and the new Residential Tenancies Regulation 2019 (the
new Regulation).
Strengthened information disclosure requirements - A landlord or
agent must not make false or misleading statements or knowingly
conceal certain material facts from a prospective tenant before
they sign an agreement. The list of current material facts is
available in the information statement (checklist for new tenants).
More...
Cases
Davaria Pty Limited v 7-Eleven Stores Pty Ltd
[2020] FCA 398
GROUP PROCEEDINGS - leave to appeal docket judge's
order - practice and procedure - communications with group members
by the respondent - potential release of respondent's liability
- conditions to be imposed on any such release - applicant sought
restraining orders - potential undue pressure - real risk of group
members being misled - unfairness - the relevance of the
Franchising Code of Conduct - s 33ZF of Federal Court of Australia
Act 1976 (Cth) - acceptance of undertaking - leave to appeal
refused
Competition and Consumer (Industry Codes - Franchising) Regulation
2014 (Cth) Sch 1
Bailey v BMW Sydney Pty Ltd & Anor
[2020] NSWDC 53
(1) Judgment for the defendants.
MISLEADING OR DECEPTIVE CONDUCT - whether representations were made
- whether representations were with respect to future matters
-whether the car suffered from defects - whether there was a
failure to promptly service and supply parts for the car - whether
representations about the car were misleading or deceptive -
damages
Australian Consumer Law, ss 4, 18, 236, 278(2); Competition and
Consumer Act 2010 (Cth), Sch 2s 52 of the Trade Practices Act 1974
(Cth)
Storm Industries Pty Ltd trading as trustee of the
T&L Trust v Unicar Australia Pty Ltd
[2020] NSWDC 51
Held: In summary, I have found that the plaintiff has
established contraventions by the defendants of the proscription
against misleading or deceptive conduct under s 18 of the ACL,
which is applicable under the Fair Trading Act. In the case of the
second and third defendants, direct and ancillary liability is
established
TRADE AND COMMERCE - alleged misleading or deceptive conduct in
connection with investment in a 'start-up' company -
applicable statutory regime - whether representations misleading or
deceptive - whether omission to disclose matters relating to
circumstances of investment misleading or deceptive
DAMAGES - whether reliance made out - damage suffered - whether
'real' value of shares at date of acquisition established -
whether appropriate to make order for compensation - relevance of
contributory negligence
JURISDICTION - monetary claim under ss 236 and/or 237 of Australian
Consumer Law - whether the Australian Consumer Law is applicable as
state law -monetary claim falls within the monetary limit of the
jurisdiction of the District Court of New South Wales - whether the
District Court has jurisdiction to grant other relief under s
237
Australian Securities and Investments Commission Act 2001 (Cth);
Competition and Consumer Act 2010 (Cth)
AFT Pharmaceuticals (AU) Pty Limited v Reckitt Benckiser
(Australia) Pty Limited [2020] FCAFC
45
CONSUMER LAW - comparative advertising of over-the-counter
analgesic products - whether advertisements contravened Australian
Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth))
- misleading or deceptive conduct - false or misleading
representations - conduct liable to mislead as to nature or
characteristic of goods - whether adequate scientific foundation
for representations as to superiority of pain relief provided by
appellant's analgesic product over other analgesic products -
whether primary judge erred in evaluating the evidence - whether
primary judge erred in applying the onus of proof - appeal
dismissed
Competition and Consumer Act 2010 (Cth)
Australian Competition and Consumer Commission v Panthera
Finance Pty Ltd [2020] FCA
340
CONSUMER LAW - where respondent admitted contraventions of
Australian Consumer Law - where respondent contacted consumers
pursuing payment of alleged debt - where consumers were not liable
for alleged debt - undue harassment - false or misleading
representations - agreed pecuniary penalties - application
granted
HUMAN RIGHTS - Privacy - interlocutory application - where
suppression orders sought for individuals that have provided
affidavit evidence - where orders seek to prevent the disclosure of
confidential information - commercial sensitivity of information is
an appropriate basis for making a suppression or non-publication
order - application granted
Australian Securities and Investments Commission Act 2001 (Cth);
Competition and Consumer Act 2010 (Cth) ss 155AAA, 155AAA(21), Sch
2 (Australian Consumer Law) ss 29, 29(1)(m), 50, 50(1),
224(1)(a)(ii), 224(3) item 2, 246(1), 246(2), 246(2)(b).
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.
