Rectification vs diminution: NSWCA clarifies consumer law damages
ACL damages restore the counterfactual position and are not limited to diminution in property value, but when is rectification unreasonable?
By Andrew Bailey - 1 min read
Can the High Court heal the wounds of a bad holiday?
The case that’s set to provide much needed clarity on the scope of ‘injury’, ‘personal injury damages’ and ‘non-economic loss’ in the Civil Liability Act….
By Christopher Croese - 3 min read
ACCC gains momentum in its push for higher consumer law penalties
Recent cases provide insights in the ACCC’s push for higher consumer law penalties. By MICHAEL MILNES
By Michael Milnes - 1 min read
Time to play fair: franchising industry faces growing scrutiny
Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNES
By Michael Milnes - 2 min read
Changes to Australian Consumer Law: key benefits for vulnerable consumers
The first suite of proposals from the Australian Consumer Law Review will soon be enacted. By LAURA BIANCHI.
By Laura Bianchi - 2 min read
Australia’s competition laws all shook up following Harper Review
In November 2017, Australia’s competition laws changed in response to the recommendations of the Harper Review. By PAULA GILARDONI, CLAIRE GREEN and LOUISE KLAMKA.
By Paula Gilardoni, Claire Green and Louise Klamka - 2 min read
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…
By Kirsten Webb and Paul Burton - 2 min read
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…
By John Eldridge - 1 min read
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…
By Elsa Markula - 2 min read
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…
By Alexandra Kelly - 1 min read
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…
By Catherine Bembrick - 2 min read