Allens Arthur Robinson In brief: In a case brought by the Australian Competition & Consumer Commission, the Federal Court has ordered Black and White Cabs Pty Ltd to pay a penalty of $110,000 as a result of an arrangement that contravened the third line forcing provisions of the Trade Practices Act 1974 (Cth). Partner David [...]
Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] HCA 31 Allens Arthur Robinson The issue of non-disclosure (or silence) as constituting misleading and deceptive conduct under section 52 of the Trade Practices Act was the focus of a recent High Court decision. Partner Louise Jenkins (view CV) and Law Graduate [...]
Allens Arthur Robinson The Federal Court has imposed the highest ever penalty for misuse of market power, after Cabcharge Australia Ltd settled with the Australian Competition and Consumer Commission and was fined $14 million for contravening section 46 of the Trade Practices Act. Partner Kon Stellios (view CV), Senior Associate Helen Anness and Lawyer Jess [...]
Mirvac Queensland Pty Limited v Holland & Anor [2010] QSC 330 and Mirvac Queensland Pty Ltd v Tyan Pty Ltd ATF Tavakol Investment Trust [2010] QSC 333 Allens Arthur Robinson Two recent Queensland Supreme Court decisions have highlighted the need for developers to control the information their agents provide to prospective purchasers, after apartment buyers [...]
Allens Arthur Robinson In brief: The Full Federal Court has handed down fines of nearly five million dollars for breaches of sections 46 and 47 of the Trade Practices Act 1974 in a long-running action by the Australian Competition and Consumer Commission. Partner Jacqueline Downes (view CV) and Lawyer Rachel Chua report. The facts The decision Conclusion [...]
The Fair Trading (Australian Consumer Law) Amendment Bill 2010 was introduced into Parliament 0n 31 August 2010 to amend the current Fair Trading Act 1989 (Qld). Of interest, is the application of the Commonwealth Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 and regulations as a law in Queensland, which [...]
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30 June 2010 Norton Rose In a wave of recent amendments to the Trade Practices Act 1974, the first of three tranches of Australian Consumer Law reforms comes into effect tomorrow and the second tranche was passed by Parliament on Friday. Read more of the article by Norton Rose. Reproduced with permission of Norton Rose in [...]
I draw to your attention the above seminar series, the first being on 10 June 2010, on the paper by Liam Kelly S.C. titled ‘Causation in the Trade practices Act 1974 (Cth)’. Professor Stapleton of Australian National University will comment of the paper. The seminar will be chaired by the Honourable Justice Applegarth at the [...]