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Trade Practices
Allens Arthur Robinson In this edition: we look at the ACCC’s ‘tougher’ approach on mergers; the first Public Warning Notice under the new Australian Consumer Law; two important cartel class actions decisions; the record penalty in the Cabcharge case; and some of the consumer reforms of the Australian Consumer Law. Merger update ACCC issues first...
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A reminder that as from 1 January 2011 the new Australian Consumer Law commences. Brisbane Barrister – David Cormack
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 Allens Arthur Robinson In brief: The consumer guarantee provisions in the Australian Consumer Law may have serious implications on the product recall regime in the new legislation. In this part of a continuing series of Focus articles on the detail of the Australian Consumer Law, Partner Annette Hughes (view CV) , Senior Associate Ric Morgan...
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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...
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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...
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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...
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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...
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 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...
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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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Kovacevic v Holland Park Holdings Pty Ltd [2010] QDC 279 Catchwords NEGLIGENCE – Dangerous premises – occupier’s liability – gymnasium used for exercise classes – whether floor unsafe – whether way classes conducted unsafe. CONTRACT – Implied terms – Trade Practices Act – whether exclusion clauses effective – whether breach of implied warranties. TRADE PRACTICES...
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