In the media
How far should chief executives go in supporting social causes?
Is economic force, even boycotting, a legitimate means of a corporate chief executive exercising social values? Boycotting a region or state is an act of power, not one of reason or dialog, and a boycott is intrinsically a form of collective punishment (20 May 2015). More...
Five of the world's largest banks, including JPMorgan Chase & Co and Citigroup Inc , were fined roughly $5.7 billion (4 billion pounds), and four of them pleaded guilty to U.S. criminal charges over manipulation of foreign exchange rates, authorities said on Wednesday. A fifth bank, UBS AG , will plead guilty to rigging benchmark interest rates, the U.S. Justice Department said. (20 May 2015). More...
Call to review organic standard in wake of
GM contamination case
The body that sets standards for organic food in Australia is considering a contentious change to regulations in the wake of a GM contamination court case. The Organic Industry Standards Certification Council (OISCC) is deliberating on an application to give growers greater lenience if their property is unintentionally contaminated with genetically modified (GM) organisms (15 May 2015). More...
takes action against Clinica and Radovan Laski alleging false or misleading
representations and unconscionable conduct
The ACCC has instituted proceedings in the Federal Court against Clinica Internationale Pty Ltd (Clinica) alleging that Clinica made false or misleading representations and engaged in unconscionable conduct in relation to a program offering migrants training and employment that it represented would lead to permanent residency in Australia (15 May 2015). More...
Bazaar operator to pay penalties of $100,000 for misleading consumers
The Federal Court has ordered the sole operator of the online electronics store Electronic Bazaar, to pay penalties totalling $100,000 for contravening the Australian Consumer Law (ACL). Mr Chopra made false or misleading representations to consumers about the availability of refunds and the extent of Electronic Bazaar's liability for faulty goods (13 May 2015). More...
Get Off Drugs Naturally Foundation Inc and
Dr Nerida James - Enforceable undertaking
Get Off Drugs Naturally Foundation Inc operated two websites (getoffdrugs.com.au and getoffdrugsnaturally.com.au), which included testimonials from 'patients' who had participated successfully in its programs. Under the terms of the undertaking, Get Off Drugs Naturally must remove all false claims about the effectiveness of its program, and testimonials it was unable to substantiate, from the website (11 May 2015). More...
In practice and courts, published reports
Electronics Australia Pty Limited v LG Electronics Australia Pty Limited (No 2)  FCA 477
CONSUMER LAW – whether final injunction should be granted restraining contravention of Australian Consumer Law where risk of repetition of contravening conduct slight –factors relevant to discretion to grant such relief – declarations and injunction granted – order for corrective advertising – whether utility in order for corrective advertising – relevance of effluxion of time – order for corrective advertising refused. COSTS – where applicant achieves mixed results – appropriate costs order – applicant ordered to pay 50% of respondent’s costs of proceeding to date including reserved costs but excluding costs the subject of any previous costs orders. Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law); Trade Practices Act 1974 (Cth) s 80. More...
Dynamics Charter Pty Ltd v Hamilton Island Enterprises Limited  FCA 460
PRACTICE AND PROCEDURE – competition law – application for mandatory interlocutory injunction – whether principles concerning mandatory interlocutory injunctions are different from prohibitory interlocutory injunctions – whether prima facie case exists that respondent has taken advantage of substantial power in a market for a proscribed purpose – definition of a market – whether balance of convenience favours an injunction – injunction granted. Competition and Consumer Act 2010 (Cth) ss 4E, 4F(1)(b), 46, 46(1), 46(1)(a), 46(1)(b), 46(1)(c), 46(6A), 46(7), 80, 80(2). More...
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Ian Robertson, Partner
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Paul Venus, Partner
T: +71 7 3135 0613
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