Coming soon: a new misuse of market power prohibition

Firms will now be able to apply to the ACCC to authorise the firm engaging in conduct which might otherwise contravene the law. By KIRSTEN…

Big end of town prevails in Paciocco bank fees challenge

In the judgment of Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28, the High Court held that bank fees are indeed…

Credit reporting: corrections obligations

Comprehensive credit reporting information is likely to be increasingly disclosed on credit files over the next six to 12 months. It is therefore important to…

Payday lending practices: why unethical loans are harming the vulnerable

A ‘payday loan’ or small amount credit contract is a credit contract for an unsecured loan of $2000 or less for a term of at…

Australian consumer law: false or misleading extended warranties representations

The decision in ACCC v Fisher & Paykel Customer Services [2014] FCA 1393 provides a useful reminder to businesses of their obligations under the Australian Consumer Law (ACL) in…

Identifying concurrent wrongdoers: the proportionate liability regime in practice

Given the reach of the proportionate liability regime, it is imperative that practitioners are able to identify when the regime applies, and to whom. By…

Supercharging battles over superannuation death benefits

When there is uncertainty as to how super death benefits should be paid, dispute resolution or litigation generally follows. By CAROLINE HARLEY.