Competition and Consumer Law

The New South Wales Court of Appeal has refined the meaning of unconscionable conduct pursuant to section 22 of the Competition and Consumer Act 2010 (Cth) (ACL), and its predecessor provisions of the Trade Practices Act 1974 (Cth) (TPA), as it applies to business transactions in its recent decision in the matter of Ipstar Australia Pty Ltd […]

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Many businesses today rely on social media and positive reviews to attract business. Consumers like to read reviews before staying at a hotel or holiday destination or trying a new product or service. Certain websites such as TripAdvisor, facilitate this process by ranking businesses that have received more positive ratings and reviews more highly than […]

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In the recent case of Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd1, Moshinsky J declared that a number of terms in JJ Richards’ standard form contracts with small business customers were unfair and void under the Australian Consumer Law. The proceeding was the first court action by the ACCC to enforce new laws […]

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As a result of an action commenced by the Australian Competition and Consumer Commission, the Federal Court of Australia recently ordered Valve Corporation (Valve), a foreign corporation, to pay a pecuniary penalty of AUD$3 million for breaching the Australian Consumer Law in the course of conducting its online business. Valve ran an online games software […]

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Drip Pricing Drip pricing conduct is a common issue with online transactions, particularly ticket purchases and travel bookings. “Drip pricing” refers to the incremental disclosure of fees and charges that make up the ultimate price payable by the consumer. The Liability Judgment[i] On 17 November 2015 Justice Foster of the Federal Court found that two […]

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