In the media

Competition law could seriously harm competition
Professors Stephen King and Graeme Samuel discuss the proposed and potential changes to Australia’s competition laws against the misuse of market power this week (05 May 2015).  More...

Rental company Make it Mine breached consumer law: Federal Court
The Federal Court finds white goods and computer rental company Make it Mine breached consumer law, affecting thousands on welfare benefits (01 May 2015).  More...

ASIC: Rental company found to have breached consumer credit laws
The Federal Court has found white goods and computer rental company Make It Mine Pty Ltd breached consumer credit laws, including its responsible lending obligations. The company admitted to the misconduct and most of the key issues in the proceedings were undisputed (01 May 2015).  More...

ACCI: Legislation for unfair contract protections will help small businesses grow
The Federal Government's draft legislation to extend unfair contract protections currently available to consumers to cover small business will give those enterprises greater confidence to invest, grow and hire staff. In most cases contracts between businesses are already balanced and reasonable, but there are occasions when small businesses are not getting a fair deal (28 April 2015).  More...

In practice and courts, published reports

ACCC issues ACCCount for March quarter
The ACCC has published ACCCount for the March quarter 2015 (30 April 2015).  More...

Cases

Australian Competition and Consumer Commission v AGL South Australia Pty Ltd [2015] FCA 399
CONSUMER LAW  – Penalty hearing – contraventions of ss 29(1)(g), 29(1)(i) and 18(1) of the Australian  Consumer Law  – whether orders sought by consent appropriate in the circumstances – factors bearing on size of pecuniary penalties – non-party consumer redress – publication and disclosure orders. Competition and Consumer Act 2010 (Cth) ss 224, 239, 240, 241, 243, 246, 247; Sch 2 ss 18, 29; Trade Practices Act 1974 (Cth) s 87AAA.  More...

Make It Mine Finance Pty Ltd, in the matter of Make It Mine Finance Pty Ltd [2015] FCA 393
CONSUMER LAW  – consumer credit – purported “lease” of consumer goods to Centrelink recipients – conduct as a credit provider – application of the National Credit Code (Sch 1 to the National Consumer Credit Protection Act 2009 (Cth)) – engaging in credit activity without appropriate registration or licence – non-disclosure of key requirements in credit contracts – interpretation of s 113(5) of the Code – breach of responsible lending requirements. National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 (Cth) s 4(1), items 4(1), 6(1) of Pt 2 of Sch 2, item 37 of Pt 4 of Sch 2.  More...

Australian Competition and Consumer Commission v Spreets Pty Ltd [2015] FCA 382
CONSUMER LAW  – misrepresentations to consumers by online group buyer concerning price of deals, consumer guarantees, voucher redemption and remedies – declarations, civil penalties and non-punitive orders sought – s 18 and s 29 Australian  Consumer Law  – statement of agreed facts and admissions pursuant to s 191(3)(a) Evidence Act 1995(Cth). Australian  Consumer Law  (Sch 2 to the Competition and Consumer Act 2010 (Cth)) Pts 3-1, 3-2, 5-4, ss 18, 19, 29, 29(1)(i), 29(1)(m), 224, 224(1)(a)(ii), 224(2), 224(4)(b), 246.  More...

CONTACT DETAILS

Melbourne

Howard Rapke, Partner
T: +61 3 9321 9752

E: howard.rapke@holdingredlich.com

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T: +61 2 8083 0401
E: ian.robertson@holdingredlich.com 

Brisbane
Paul Venus, Partner
T: +71 7 3135 0613
E: paul.venus@holdingredlich.com

Disclaimer

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. 

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