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Competition & Consumer Publications

What’s my loss? “True value” under the Australian Consumer Law

20-2-24 / Roger Traves KC — Competition & Consumer

The assessment of damages under the Australian Consumer Law for misleading or deceptive conduct or breach of consumer guarantees often involves comparing the price paid for an asset or good and the value of the thing purchased. The purchase of a business by reason of misleading conduct as to its…

Concepts of Loss and Proving Counterfactuals in Misleading or Deceptive Conduct: Berry v CCL Secure Pty Ltd

1-7-21 / Benjamin Teng — Appellate, Competition & Consumer

Benjamin Teng co-authored this case note published in the Journal of Civil Litigation and Practice with Andrew Simpson. It concerns the High Court of Australia’s decision in Berry v CCL Secure Pty Ltd to significantly increase the quantum of damages awarded for misleading or deceptive conduct from around $1 million…

Declaratory Relief Concerning Misuse of Market Power Confirmed as Appropriate in Interest of Justice

3-6-21 / Michael Hodge KC — Competition & Consumer

Section 46(1) of the Competition and Consumer Act 2010 (Cth) has recently been significantly overhauled. Australian Competition and Consumer Commission v Tasmanian Ports Corporation Pty Ltd [2021] FCA 482 was the first case applying the new version of the section. The new section prohibits a corporation from engaging in conduct…

Moral obloquy or commercial autonomy? Debating statutory unconscionability

21-5-20 / Rachel De Luchi, Mei Barnes, Salwa Marsh — Competition & Consumer

In a presentation hosted by Level Twenty Seven Chambers the speakers address the issues in ASIC v Kobelt in the form of a court submission. They provided the context of the case and identified issues that are open to future litigation. Some topics addressed included: The High Court’s characterisation…

Originating process, pleadings and amendment: Queensland

8-4-19 / James Green, Borcsa Vass — Banking, Building & Construction, Commercial Equity, Competition & Consumer, Contract, Corporate Insolvency & Bankruptcy, Corporations, Employment & Industrial, Insurance, Intellectual Property, Judicial Review & Administrative, Land Law & Property, Media & Defamation, Planning & Environment, Professional Negligence, Resources & Energy, Succession

James Green and Borcsa Vass have contributed the chapter 'Originating process, pleadings and amendment: Queensland' to Thomson Reuters' Practical Law Australia Dispute Resolution module. This chapter explains how proceedings are commenced and the practice and procedure of pleadings, particulars and amendment in Queensland under the Uniform Civil Procedure Rules 1999 (Qld)…