In the media
ACCC clears Paddock Planner app
CBH Group's Paddock Planner app (PP app) has been
cleared by the ACCC which found the app did not breach any
competition or consumer laws. The PP app had been under
investigation by the ACCC after growers and their representatives
raised concerns over it's potential for anti-competitive and
misleading conduct (08 April 2020).
More...
Timebase: CTH Bans Price Gouging and Export of Essential
Goods During COVID-19 Emergency Period
On 29 March, the Customs (Prohibited Exports) Amendment
(COVID-19 Human Biosecurity Emergency) Regulations 2020 (Cth)
('the Regulations') was registered on the Federal Register
of Legislation. Government media release
here. The Regulations commenced on 30 March (07 April 2020). More...
Telcos collude to keep Australia online
The impact of the COVID-19 pandemic is forcing
Australia's pro-competition regulators to relax normal industry
controls on industries like telecommunications – allowing
normally-prohibited collusion between competitors (07 April 2020).
More...
ACCC determinations
A flurry of ACCC determinations have been granted special
authorisations to key players in the medicine wholesale, banking,
supermarket, energy supply, pharmaceutical services, and other
industries (07 April 2020), including:
(06 April 2020) ACCC
Telecommunication priorities during the COVID-19 crisis
(08 April 2020) ACCC
Co-operation on funding to aid smaller lenders during
COVID-19
(08 April 2020) ACCC
Private and public hospitals to cooperate on COVID-19 in Victoria
and Queensland
(03 April 2020)) ACCC
Medicine manufacturers to coordinate on COVID-19 response
(03 April 2020) ACCC
Oil companies allowed to co-operate to secure fuel supply during
COVID-19 pandemic
(03 April 2020) ACCC
Co-operation to support reliable energy sector authorised
(02 April 2020) ACCC
Coal producers can collectively negotiate with Port of
Newcastle
(01 April 2020) ACCC
NBN Co, telcos to coordinate on demand surge and consumer support
package
(31 March 2020) ACCC
Medicine wholesalers to co-operate on access to pharmaceutical
products
Insurers to offer deferred payments, refunds under small
business relief package
Insurance companies and brokers will be able to work
together to implement COVID-19 relief measures for certain small
businesses following the ACCC's granting of interim
authorisation. The authorisation applies to Suncorp, Allianz, and
QBE Insurance, as well as any other insurers or insurance brokers
who choose to take part, as long as they notify the ACCC (02 April
2020).
More...
Slater & Gordon files class action against Treasury
Wine Estates
On the basis of SGH's investigations to date, we
consider that there is likely to be a reasonable basis to allege
that TWE contravened its obligations of continuous disclosure and
engaged in misleading or deceptive conduct, breaching relevant
provisions of the Corporations Act 2001 (Cth) (03 April 2020).
More...
Senator warns Holden
Senator McGrath questioned why Holden was refusing to
engage with the legal representative of the 185 dealers who have
refused to accept GM's offer of compensation and said he was
greatly concerned that there are allegations around GM Holden and
GM that it engaged in misleading a deceptive conduct and
unconscionable conduct in its dealings with Holden retailers under
ASIC and ACL regulations (03 April 2020). More...
Measures to prevent essential goods being exported and
price gouged during the fight against COVID-19
The Government has implemented amendments to the Customs
(Prohibited Exports) Regulations 1958 to stop exploitative exports
of essential goods (which commenced on 30 March 2020). As a further
step to address exploitative practices, the Health Minister has
also determined a requirement that stops price gouging, by
preventing people who have purchased essential goods at retail to
on-sell them at extortionate prices (01 April 2020).
More...
Labelling claims under ACCC watch for 2020. Are yours
compliant?
The ACCC have released their 2020 Compliance and
Enforcement Priorities list, and food products are in the
spotlight. 'Misleading conduct in relation to the sale and
promotion of food products, including health and nutritional
claims, credence claims and country of origin' will be a focus
for the ACCC this year (01 April 2020).
More...
The Office of Fair Trading reprioritises to help during
COVID-19
The Queensland Office of Fair Trading has put in place a
number of measures to ensure it is able to maintain operations
through this period of disruption and uncertainty caused by
coronavirus (COVID-19) (31 March 2020).
More...
Banks authorised to co-operate on loan relief and
services
The ACCC has provided a second, conditional, interim
authorisation for the Australian Banking Association (ABA) and
banks to co-operate to provide supplementary relief packages for
individuals and businesses affected by COVID-19. The interim
authorisation is conditional on banks providing details of any
programs and arrangements to the ACCC before implementation, and
seeking ACCC approval in some circumstances (30 March 2020).
More...
Practice and regulation
Small business guidance about refunds and cancellations
due to COVID-19
Businesses will need to be aware of their rights and
obligations when managing refunds and cancellations because of
COVID-19, and the ACCC has
issued guidance to assist small businesses to understand their
rights and obligations under the Australian Consumer Law (02 April
2020).
ACCC guidance on NBN access inquiries
The ACCC has outlined its views on wholesale access terms
currently being considered by two NBN-related inquiries in position
papers. The ACCC will pause its inquiries, examining both NBN
entry-level access pricing and wholesale service standards, to
allow the communications sector to focus on its response to the
COVID-19 pandemic. View the ACCC's
position paper for the NBN Wholesale Service Standards Inquiry
(02 April 2020).
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.
Cases
Renshaw v New South Wales Lotteries
[2020] NSWSC 360
GAMING AND WAGERING – public lottery –
plaintiff claiming to have entered winning numbers but unable to
produce ticket – substantial unclaimed prize from 1997
MISLEADING AND DECEPTIVE CONDUCT – where plaintiff claimed to
have presented winning ticket –cause of action for misleading
and deceptive conduct accrued on ticket being rejected and
discarded – statute barred by limitation period in s 82 of
Trade Practices Act and s 68 of Fair Trading Act – damage not
proven – judgment for defendants
Storm Industries Pty Ltd trading as trustee of the
T&L Trust v Unicar Australia Pty Ltd (No. 2)
[2020] NSWDC 95
DAMAGES – misleading or deceptive conduct –
individual defendants ordered to pay compensation – whether
corporate defendant also liable to pay compensation COSTS –
multiple defendants – plaintiff succeeds against each
individual defendant – plaintiff's success against third
defendant more limited than its success against the second
defendant – compensation orders reflected differing
contributions to loss caused by second and third defendants –
whether costs orders should also reflect contributions to loss
– whether apportionment of costs should be ordered on account
of plaintiff's failure in some of its complaints against third
defendant
Legislation
Commonwealth
Customs
(Prohibited Exports) Amendment (COVID-19 Human Biosecurity
Emergency) Regulations 2020
29/03/2020 - These regulations amend the Customs
(Prohibited Exports) Regulations 1958 to implement a temporary
prohibition on the export of goods that are essential to preventing
the spread of the COVID-19 virus. The prohibition applies to the
exportation of goods including face masks and hand sanitizer, as
such export limits the availability of these goods for those with
the greatest need in Australia. A further aim of this export
prohibition is to dissuade consumers from engaging in widespread
bulk purchase for the purpose of export.
NSW
Regulations and other miscellaneous instruments
Fair
Trading (Code of Conduct for Short-term Rental Accommodation
Industry) Repeal Regulation 2020 (2020-126) — published
LW 3 April 2020
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