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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Australian Consumer Law 3rd ed

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ISBN13: 9780455237442
Published: May 2016
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: £100.00

Usually despatched in 1 to 3 weeks.

The Australian Consumer Law (ACL) came into operation on 1 January 2011, and introduced for the first time a nationally uniform consumer law. This book considers the obligations of businesses and the rights of consumers under the ACL. It explains the scope and importance of the statutory causes of action created by the ACL. It examines how the general and specific protections inter-relate, the scope for overlap, and why each provision is necessary to provide complete consumer protection.

The third edition of The Australian Consumer Law incorporates legislative developments and case law since 2012.

In relation to the first general protection for misleading conduct, Ch 3 contains a comprehensive treatment of the High Court’s thinking in a trilogy of cases – Google v ACCC, Forrest v ASIC and ACCC v TPG.

In relation to the second general protection for unconscionable conduct, Ch 4 takes account of the High Court’s decision in Kakavas v Crown Melbourne, and the Full Federal Court’s decisions in ACCC v Lux Distributors, and Paciocco v Australia and New Zealand Banking Group, as well as leading decisions of the State Courts such as Director of Consumer Affairs Victoria v Scully (No. 3), and PT Ltd v Spuds Surf Chatswood.

Chapter 5 contains a discussion of the general protection against unfair terms, including an analysis of the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) which extended the protection to small businesses, and ACCC v Chrisco Hampers Australia.

Other cases relating to specific protections that are considered in this edition include:

  • ACCC v Turi Foods Pty Ltd (No 4) (misleading food claims)
  • ACCC v Pirovic Enterprises Pty Ltd (No 2) (misleading food claims)
  • ACCC v Coles Supermarkets Australia (misleading food claims)
  • ACCC v Safe Breast Imaging (misleading performance claims)
  • ACCC v Breast Check (misleading performance claims)
  • Volunteer Eco Students Abroad v Reach Out Volunteers (misleading testimonials)
  • ACCC v Hillside (Australia New Media) (misleading price claims)
  • ACCC v Jetstar Airways (drip pricing)
  • ACCC v Lyoness (pyramid selling)
  • ACCC v Excite Mobile (undue harassment or coercion)
  • Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (joint submissions on penalties)
  • ACCC v Safety Compliance Pty Ltd (in liq) (No 2) (disqualification orders)
  • De Bortoli Wines Pty Ltd v HIH Insurance Limited (in liq) (causation)
  • Williams v Pisano (proportionate liability)