COMMONWEALTH BANK OF AUSTRALIA Apple accuses CBA of 'misleading' digital wallets inquiry
Apple has fired back at accusations it guards its mobile payment technology in an anticompetitive way, accusing its critics, including the
Sims proposes change to merger laws
In his annual
Santos sued over 'clean energy' claims
Santos' claims that it produces clean energy and has a pathway to reach net zero emissions are being challenged in the Federal Court by an activist group that alleges the company has breached corporations and consumer laws, engaging in misleading or deceptive conduct by claiming in its 2020 annual report that natural gas provides "clean energy" (
ACCC seeks insights on interstate rail network regulation
The way that
The ACCC authorises collective procurement of residual waste services by Gippsland Councils
The ACCC has decided to authorise the
The Commonwealth has already cancelled the debts of eligible students enrolled by
Thales appeals court judgement
Thales has appealed a judgement made by the
Small business contacts continue to rise during pandemic
The ACCC received over 3,500 contacts from small businesses in the first six months of this year, the highest number of contacts in the last two years. In the first six months of this year, the ACCC undertook a range of enforcement action in the small business, franchising and agriculture sectors, which include ordering Jump Swim (in liquidation) to pay penalties of
CBA to publish misconduct notices for overcharging interest
The Federal Court has made orders requiring the
CDPP withdraws criminal cartel charges against CFMMEU and O'Mara
The CDPP has withdrawn criminal cartel charges against the
Why
The laws regulating political advertising are minimal. Section 329 of the Commonwealth Electoral Act is confined to the issue of whether a publication is likely to mislead or deceive an elector in relation to the casting of a vote. It has nothing to say about truth in political advertising for the good reason that defining truth in that context would be highly subjective and therefore oppressive (
ACCC Issues Paper: Digital Platform Services Inquiry -
The ACCC will consider pricing practices; the use of data; the terms and conditions imposed on third-party sellers; and the impacts on competition when the marketplace itself operated as a seller on the platform. Submissions to the inquiry open until 19 August. The ACCC's Issues Paper, including information on how the have a say, can be accessed here.
CONSUMER LAW - misleading or deceptive conduct and making false or misleading representations by causing the publication of
Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 21, 23, 24, 29; Evidence Act 1995 (Cth) s 140; Trade Practices Act 1974 (Cth) ss 52, 53
COMMERCE - restraint of trade - validity and reasonableness - legitimate interests - where restraint imposed a blanket protection from importation of goods from a subcontinent - whether blanket protection directed to preserve or maintain a personal or corporate relationship with a supplier - where restraint did not relate to any particular supplier - Restraints of Trade Act 1976 (NSW), s 4 COMMERCE - restraint of trade - validity and reasonableness - public policy - where restraint imposed a blanket protection from importation of goods from a subcontinent - whether restraint was against the public interest - where restraint prohibited respondents from competing in the market for the supply and sale of goods from a subcontinent - Restraints of Trade Act 1976 (NSW), s 4.
CONSUMER LAW - misleading and deceptive conduct - whether company officers made misleading statements when signing drawdown and rollover notices - whether representations made by company officer personally or as company organs - held company officers did not personally engage in misleading and deceptive conduct CORPORATIONS - insolvency - whether company insolvent - application of test under Corporations Act 2001 (Cth) - where company alleged not to be able to repay future debt - where future debt not current - application of civil standard of proof to future or hypothetical event - where ability to compromise debt relevant to the question of insolvency - use of hindsight - where use of hindsight impermissible - where hindsight used not to show what was possible or likely at some point in the past but to establish a fact at an earlier point PERSONAL PROPERTY - assignment of choses in action - prohibition on assignment of bare chose in action TORTS - duty of care - whether company officers owed a duty of care to lenders in signing drawdown and rollover notices - Whether company officers personally made representations contained in drawdown and rollover notices and owed a duty of care to lenders when making representations - whether representations made by company officers personally or as company organs - held company officers did not owe a duty of care - held representations made on behalf of the company - held unreasonable for lenders to rely on representations as representations made personally by company officers - breach - where claim that company officers did not turn their mind to the question whether representations in the notices were true and did not make their own inquiries - held company officers entitled to rely on management to be told if representations in the notices could not be made - causation - causation not found on the facts TORTS - duty of care - held no reason to recognise a duty of care between sophisticated commercial entities when consequences of breach of contract are already set out in the agreements TORTS - duty of care - whether director owed a duty of care to lenders before instructing company officers to draw all funds from facility agreements with lenders - held director or employee does not owe a duty of care to avoid economic loss to third party when making and communicating a decision to another employee TORTS - duty of care - accessorial liability - directing or procuring breach of contract - held director and employee not liable for directing or procuring breach of contract when director did not act personally but as an organ of the company - directing or procuring breach of duty - held that there is no duty in tort to take reasonable care to perform a contract TORTS - negligence - where claim brought under negligent misstatement and negligence as two separate causes of action - where officer of the company found to owe the lenders a duty of care in circumstances where lender made specific enquiries and officer could reasonably be expected to know or find out relevant information - where reliance not proved on the facts TORTS - negligence - whether legal advice was negligent and misleading and deceptive - where allegation not proved DAMAGES - quantification - alternative methodologies - damages calculated comparing the position in which the lenders would have been but for the defendants' wrongful conduct - damages calculated assuming that but for the defendants' wrongful conduct the company would have entered into voluntary administration earlier than it did - where counterfactual not subject of evidence - whether plaintiffs entitled to compound interest as damages -whether claim should be converted into Australian dollars
CONSUMER LAW - small business lending contracts - unfair contract terms within the meaning of s 12BG(1) of the Australian Securities and Investments Commission Act 2001 (Cth) - agreed facts - where bank concedes impugned terms unfair - where impugned terms include terms relating to indemnities, events of default, unilateral variations and conclusive evidence - where parties seek declarations under s 12BF, s 12BG and s 12GND that terms unfair and void - declarations made - orders made varying contract terms under s 12GNB - undertaking proffered
Australian and Securities Investments Commission Act 2001 (Cth) ss 12BAA, 12BF, 12BG, 12BH, 12BK, 12GB, 12GNB, 12GNC, 12GND, Division 2, Part 2
Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) s 24
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