Indoor track: Competition and consumption

In the media

Record fines of $ 153 million pronounced against the AIPE Normal School The Federal Court ordered $ 153 million in penalties against the Australian Institute of Professional Education Pty Ltd (in liquidation) (AIPE). The Court had previously said CCI had engaged in a system of unreasonable conduct, as well as deceptive or deceptive conduct, when registering consumers for online degree courses under the former program of VET FEE-HELP loan. Following…

Funeral industry practices raise concerns among consumers The ACCC calls on funeral companies to review their contracts and pricing practices to ensure they comply with consumer and competition laws, in a new report. ACCC vice president said he is calling on the funeral industry to conduct a thorough review of its systems, training and marketing practices to ensure they are not misleading consumers in error on prices or other claims ”(02 November 2021). Following…

IAG faces shareholder class action lawsuit over BI disclosure A large law firm plans to file a class action against IAG for alleged failures in updating the market of its exposure to business interruption claims resulting from the pandemic. AG’s policies have relied on the outdated quarantine law as the basis for its pandemic exclusion clause. The class action alleges breaches of the stock market’s continuous disclosure obligations and deceptive and deceptive conduct (November 30, 2021). Following…

Mazda has misled consumers about their rights to refund or replace defective cars The Federal Court found that Mazda Australia Pty Ltd engaged in deceptive and deceptive behavior and made false or misleading representations to nine consumers about their consumer warranty rights. The Court found that Mazda had misled these consumers about their consumer warranty rights by stating that they were only entitled to have their vehicles repaired (November 30, 2021). Following…

Home tutoring software providers CAMI and iTutor admit to using unfair contract terms Educational software provider Compass Matin Pty Ltd and its contract manager EduCollect Pty Ltd have admitted to using unfair contract terms in the delivery of their CAMI and iTutor home tutoring programs. Compass Matin also admitted to making false or misleading statements to consumers about free tutoring classes, in violation of Australian Consumer Law (November 30, 2021). Following…

Profit over patient safety ‘: health regulator launches review of cosmetic surgery industry The national medical regulator has announced an in-depth review of the multibillion-dollar cosmetic surgery industry, acknowledging that a profit-driven culture has led to unsafe practices that have raised many concerns about patient safety ( November 30, 2021). Following…

La Trobe Financial Asset Management will pay a fine of $ 750,000 for false and misleading marketing The Federal Court ordered La Trobe Financial Asset Management to pay a fine of $ 750,000 for false and misleading marketing of the La Trobe Australian Credit Fund (November 29, 2021). Following…

Employer must pay $ 1 million fine for deceptive Google ads The ACCC argued that a penalty of $ 5 million was appropriate in order to send a strong deterrent message and given the publication of Google ads over an extended period of time. The court imposed a fine of $ 1 million based on Judge Griffiths’ earlier finding that the conduct was not willful and did not find an injunction appropriate (Nov 29, 2021). Following…

Beach Energy brought to Federal Court by shareholders Slater and Gordon has launched a class action lawsuit against oil and gas company Adelaide Beach Energy on behalf of investors who suffered losses as a result of a decline in the company’s stock price. The class action lawsuit alleges that the energy company engaged in deceptive or deceptive behavior and violated its continuous disclosure obligations under the Corporations Act (November 26, 2021). Following…

ACCC Completes Investigation into Holden’s Conduct Towards Dealers The ACCC has decided not to act on these concerns, in large part because any action by the ACCC may prejudice the private actions undertaken by the concessionaires. The ACCC is still assessing whether Holden’s car maintenance agreements, including Holden’s decision to end its “lifetime” capped price maintenance program, raise issues under the ACL (26 November 2021). Following…

Techtronic in court over alleged resale price maintenance on power tools The ACCC alleges that between 2015 and 2021, Techtronic engaged in RPM behavior, including entering into 96 agreements with independent resellers and buying groups that limited the sale of Milwaukee-branded power tools below ‘a specified minimum price, and Techtronic has withheld the supply of two of the dealerships to apply the restrictions on price discounts below the specified minimum price (November 25, 2021). Following…

Vape advertisers and importers fined $ 170,000 by TGA Since the entry into force of new laws, websites have sprung up proposing to link vapers to a healthcare professional authorized to prescribe the products. But the new laws only allow pharmacies and drugstore marketing groups to advertise in very limited ways. The TGA reminds advertisers of the recent warning not to engage in deceptive behavior. (November 22, 2021). Following…

Case

Australian Competition and Consumer Commission v Mazda Australia Pty Ltd [2021] FCA 1493CONSUMER LAW – prohibition of deceptive or deceptive conduct under section 18 of the Australian Consumer Law (ACL) – prohibition of certain false or misleading statements under section 29 (1) (m) of ACL – legal guarantee of acceptable quality under Article 54 of the ACL – right of the consumer to refuse goods under Article 259 of the ACL – statements made as to the rights of consumers under legal warranty provisions of the ACL – statements made as to the supplier’s right to repair the goods regardless of the consumer’s right to refuse goods – statements made in the nature of opinions – whether there was a reasonable basis for making representations of the nature of the opinions – where the supplier has disregarded consumers’ rights to a refund or replacement under the LCA – whether misleading or deceptive LAW OF CONSUMPTION – prohibition of unreasonable behavior under section 21 of the ACL – where no claim of “system” or “pattern” of conduct – if the respondent’s conduct is unreasonable Competition and Consumer Act 2010 (Cth) Annex 2 art. 3, 7, 18, 18 (1), 21, 22, 29 (1), 29 (1) (m), 54, 54 (2) (c), 259, 259 (2), 259 (2) ( b), 259 (3), 259 (3) (a), 260, 260 (1) (a), 260 (1) (c), 260 (1) (e), 262, 262 (1), 262 (2), 263, 263 (4), 263 (4) (a), 263 (4) (b), 263 (6), parts 3 to 2, part 5 ‑4, Part 5‑4 Div 1

Australian Competition and Consumer Commission v Employsure Pty Ltd (# 2) [2021] FCA 1488CONSUMER LAW – financial penalties – contraventions of sections 29 (1) (b) and 29 (1) (h) of the Australian Consumer Law – six Google ads conveyed misleading or misleading representation of government affiliation – determination of the appropriate sanction – course review Principle of Conduct – $ 1 million monetary penalty imposed CONSUMER LAW – injunction request – for inadvertent and unlikely contravention of Competition and Consumer Law 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18 (1), 29 (1) (b), 29 (1) (h), 224, 232

Creative Property Holdings Pty Ltd (Fiduciary) v Car Parks Super Pty Ltd (Fiduciary) [2021] FCA 1478CONTRACTS – request for specific execution of a contract for the sale of land – if it is a binding contract for the sale of land – if the parties intended to be bound only when exchange of counterparties – Eccles vs. Bryant and Pollock [1948] 1 Ch 93 reviewed and applied CONSUMER LAW – whether by making an offer to sell land, the respondent engaged in deceptive and deceptive behavior in violation of section 18 of the Australian Consumer Law Competition and Consumer Act 2010 (Cth) Schedule 2 s 18

Australian Securities and Investments Commission v La Trobe Financial Asset Management Ltd [2021] FCA 1417CONSUMER LAW – deceptive conduct – contraventions permitted under Sections 12DA (1) and 12DB (1) of the Australian Securities and Investments Commission Act 2001 (Cth) and Section 1041H (1) of the Corporations Act 2010 (Cth) – monetary penalties requested by plaintiff not contested by defendant – whether quantum of penalty is appropriate – whether form of statements is appropriate.

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