In a recent case in the VCAT
http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/vic/VCAT/2014/1038.html
The applicant’s television
Mediation-Conciliation-Advocacy
News
14/10/2019 7:11:27 AM : Following a request from the ACCC the Treasurer is directing the ACCC to conduct an inquiry into bank residential mortgage price competition including the role of small banks in competition
20/08/2019 11:07:21 AM : The dominance of the leading digital platforms and their impact across Australias economy, media and society must be addressed with significant, holistic reform, according to the final report of the ACCCsDigital Platforms Inquiry https:www.accc.gov.audigitalinquiry.
31/07/2019 4:41:06 PM : The ACCC released the final report https:accc.us10.listmanage.comtrackclicku2d4af35bb8308428c89cac9a4id58d1b3ebd3e6e3c71cac6 of its Digital Platforms Inquiry which reveals the dominance and impact of digital platforms, and the need for significant reform. For small business, the Inquiry recognised that digital platforms have provided a new advertising avenue, particularly online advertising which has helped businesses build a brand and a following through social media.
5/07/2019 7:48:56 PM : Australias Competition and Consumer Commission has announced it is pursuing Federal Court action against Samsung, alleging it has mislead consumers by promoting the recent Galaxy S10 range of smartphones as water resistant.
10/05/2019 5:12:49 AM : The ACCC says price compare website iSelect misled customers for two years by recommending energy retailers that paid it higher commissions. The Australian Consumer Competition Commission has alleged that since at least November 2016 iSelect claimed consumers using its website would benefit from iSelect comparing all energy plans available from its partner retailers in a specific location.
23/03/2019 8:52:27 AM : Jewellery business Pandora may have breached the Australian consumer law by misleading customers about their right to a refund for faulty items bought in store and online. The consumer watchdog accepted a court enforceable undertaking from Pandora after investigating consumer complaints.
27/02/2019 1:37:14 PM : ACCC boss Rod Sims has put electronics and homewares retailers on notice over thousands of complaints about faulty products in the last 12 months. Mr Sims concerned that many manufacturers and large retailers are not complying with consumer guarantee laws and he has indicated this will be an area of renewed focus during the ensuing year
8/02/2019 2:38:56 PM : The Australian Competition and Consumer Commission has begun an investigation into the outdoor advertising sector. The goal is to assess whether the use of rebates and discounts are breaching parts of the Competition and Consumer Act.
10/01/2019 9:21:58 AM : ACCC head Rod Sims has warned companies that mislead consumers to expect fines in the hundreds of millions of dollars this year. Mr Sims also said the Australian Competition and Consumer Commission will clash with companies over merger proposals.
10/01/2019 9:11:30 AM : Jetstar have been given notice that they must be fairer with passengers over refunds, and have been fined for misleading its customers about their legal rights in relation to refunds. ACCC boss Rod Sims noted You cannot say there are no refunds no matter how cheap the ticket is, no matter what ticket you buy. Mr Sims said Jetstar made claims on its website that consumers could only receive a refund if they bought a more expensive fare.
20/11/2018 8:06:21 AM : The Australian Competition and Consumer Commission has found that Meriton Property Services breached sections 18 and 34 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 engaging in misleading or deceptive conduct and conduct that is likely to mislead the public as to the nature of services. Meriton was found to have engaged in deceptive conduct by preventing guests from posting negative reviews on TripAdvisor. Meriton provides serviced apartments for shortterm stays.
20/11/2018 7:45:10 AM : The Australian Competition and Consumer Commission has warned online retailers of their obligations under the Australian Consumer Law. ACCC deputy chairperson Delia Rickard Under Australian Consumer Law, anyone selling products to Australian consumers must ensure their products arent banned here and that they meet Australias 42 mandatory safety standards, no matter where they are located in the world.
15/11/2018 7:11:42 AM : Australias banks want existing regulations simplified and clarified rather than any largescale reforms to address widespread misconduct uncovered by the royal commission into the financial services sector
24/08/2018 4:47:37 PM : Companies who breach consumer law will be hit with much higher financial penalties. The changes will see larger penalties imposed on businesses in breach of the Act. ACCC Chairman Rod Sims has noted that a single breach could now cost a company 10 per cent of their turnover
18/08/2018 11:44:39 AM : From 1 July 2018, objectors have 28 days to lodge a VCAT application for review of a planning decision. The Victorian Parliament recently passed planning regulations that increase the number days from 21 to 28.
18/08/2018 11:35:28 AM : A number of AFL and NRL teams have misled fans over return and refund policies surrounding the sales of club merchandise, it has been revealed. The Australian Competition and Consumer Commission ACCC found nine AFL clubs and 12 NRL clubs have policies on club merchandise such as jerseys, hoodies and caps that violated Australian Consumer Law. Under Australian law, simply because items are discounted does not mean they are not eligible for a refund or return.
1/07/2018 8:15:27 AM : LG Electronics has been reprimanded by the full Federal Court for misleading consumers about their rights to have TVs repaired or replaced. The Australian Competition and Consumer Commission took LG Electronics to court in 2015, claiming it had made false statements to consumers about their right to have faulty televisions repaired or replaced.
21/06/2018 7:15:23 AM : The Federal Court ordered Apple Inc Apple US to pay 9 million in penalties for making false or misleading representations to customers with faulty iPhones and iPads about their rights under the Australian Consumer Law ACL. The ACCC took action against Apple US and Apple Pty Ltd Apple Australia following an investigation of complaints relating to error 53. This error disabled some iPhones and iPads after owners downloaded an update to Apples iOS operating system. If a product is faulty, customers are legally entitled to a repair or a replacement under the Australian Consumer Law, and sometimes even a refund. Apples representations led customers to believe theyd be denied a remedy for their faulty device because they used a third party repairer, ACCC Commissioner Sarah Court said.
4/05/2018 11:58:43 PM : If you purchased certain models of HP printers and werent informed that nonHP ink cartridges might be incompatible you could be eligible for compensation. HP has given the ACCC a courtenforceable undertaking after it admitted to not disclosing to its customers that certain printers, or their firmware updates, included technology that was designed to prevent nonHP ink cartridges from being used. This resulted in nonHP ink cartridges being rejected, and in many cases, customers receiving an error message which indicated that the cartridge was damaged, when this was not the case.
13/04/2018 7:57:49 AM : The Australian Consumer Law does not describe what sufficient proof of purchase is. Sometimes you may need to provide more than one of these things to support your claim. However, as long as you can reasonably demonstrate that you purchased an item, a business may be breaking the law if it denies your right to a refund, repair or replacement for an item that fails to meet a consumer guarantee. Businesses are not required to provide you with a refund or replacement if you simply change your mind.
16/03/2018 7:40:44 PM : The ACCC has initiated proceedings in the Federal Court against Equifax, alleging the credit reporting bureau made false or misleading representations to consumers between June 2013 and March 2017, in breach of consumer laws.
28/02/2018 8:42:04 PM : Netgear will provide refunds and compensation to customers misled by warranty and technical support representations, the Australian Competition Consumer Commission has confirmed. The consumer watchdog said Netgear incorrectly told customers they could not receive a remedy for a faulty product unless it was covered by the vendors own manufacturer's warranty or if they purchased a technical support contract.
20/02/2018 5:13:04 PM : The Australian Competition and Consumer Commission ACCC described planned bigger fines for big business as the key to changing corporate culture, as it revealed its top priorities for the year. The consumer watchdog listed costofliving issues as among its key priorities, including energy costs, NBN speeds, consumer guarantees and mortgage pricing.
3/02/2018 11:12:37 AM : The national customer protection watchdog is concerned by a dramatic surge in complaints indicating that many retailers are still not complying with the Australian Consumer Law . The sevenyearold ACL gives customers many powerful rights and places a wide range of obligations on retailers and manufacturers.
1/02/2018 9:08:55 AM : Main findings in the Australian Competition and Consumer Commissions recent report into the new car retailing industry market were that new car companies have been obstructing customers over guarantees, running anticompetitive repair systems and misleading buyers about fuel consumption and emissions.
19/01/2018 11:47:27 AM : The national customer protection watchdog is concerned by a dramatic surge in complaints, indicating that many retailers are still not complying with the Australian Consumer Law. The sevenyearold ACL gives customers many powerful rights, and places a wide range of obligations on retailers and manufacturers
30/12/2017 9:07:48 AM : A Queensland firm is investigating a class action against Apple to get compensation for users of older iPhones affected by updates that slowed down their smartphones
11/12/2017 9:57:16 PM : Optus has been forced by the Australian Competition and Consumer Commission to refund thousands of customers who were promised fast broadband but received slower throughput. Almost half of Optus' customers who paid for 100Mbps downloads didn't get the speed that was promised
27/11/2017 5:44:06 PM : A Mount Eliza estate agency and its director and officer in effective control have each been penalised 8500 AU DOLLARS for contravening Victorian estate agent laws. The Frankston Magistrates Court found that between June 2015 and March 2016 the Agent, knowingly authorised or permitted Bay Life Properties to, among other things, fail to keep full and accurate accounting records showing particulars of each transaction, and fail to correctly balance accounts at the end of the month.
13/11/2017 8:42:55 AM : TPG Internet Pty Limited TPG Internet has paid a 360000 dollars AU infringement notice following an ACMA investigation into breaches of the Spam Act 2003. The ACMA investigation followed complaints from consumers that they had unsubscribed from receiving commercial electronic messages from TPG Internet but continued to receive the messages.
6/11/2017 10:31:38 AM : The Federal Court has ordered penalties totalling 750000 dollars against MSY Technology Pty Ltd, MSY Group Pty Ltd, and M.S.Y. Technology NSW Pty Ltd MSY Technology for misrepresenting consumers rights to remedies for faulty products. MSY Technology operates 28 retail stores across Australia and online, selling computers, computer parts, accessories and software. MSY Technology admitted that it made false or misleading representations on the MSY website, and in oral and email communications to consumers about their rights.
22/10/2017 12:58:15 PM : Approx 48000 Mitsubishi cars across Australia are being recalled, caused by a defect which may abruptly cut out the engine. The Australian Competition and Consumer Commission published a recall notice on the Mitsubishi Lancer CJ and CF 1516MY, Mitsubishi ASX XB 1515.5MY, and Mitsubishi Outlander ZJ and ZK 14MY and 1617MYV
20/10/2017 7:11:24 AM : The Treasurer has introduced into the House of Representatives three Bills which will establish the Banking Executive Accountability Regime
11/10/2017 8:48:46 PM : The ACCC has lodged an Appeal from the Federal Courts decision on 30 August 2017 dismissing the ACCCs proceedings against Medibank Private Limited which had alleged that Medibank made false, misleading or deceptive representations and engaged in unconscionable conduct in relation to its failure to notify Medibank members and members of its sister company, AHM.
11/10/2017 8:45:07 PM : The New South Wales Government is set to introduce legislation into Parliament forcing retailers to put a threeyear minimum on gift card expiry dates. The New South Wales Better Regulation Minister Matt Kean said he would introduce the package of reforms into State Parliament this week, to stop retailers keeping an estimated 60 million dollars a year across New South Wales as people failed to use their gift cards in time.
2/10/2017 5:08:37 AM : The ACCC has lodged a Notice of Appeal from the Federal Courts decision on 30 August 2017 dismissing the ACCCs proceedings against Medibank Private Limited Medibank. The ACCC had alleged that Medibank made false, misleading or deceptive representations and engaged in unconscionable conduct in relation to its failure to notify Medibank members and members of its subsidiary brand, ahm, of its decision to limit benefits for inhospital pathology and radiology services, despite representing across a number of its communication and marketing materials that it would.
2/10/2017 5:05:05 AM : The ACCC is appealing a court dismissal of its allegation that LG Electronics misled customers about warranty rights on faulty products. The Federal Court in September dismissed the Australian Competition and Consumer Commissions allegations that LG made false or misleading representations to certain customers about their rights in relation to faulty televisions
2/10/2017 5:01:06 AM : In the case of Director of Consumer Affairs Victoria v Gibson No 3 2017 FCA 1148 28 September 2017, the Federal Court has ordered Belle Gibson the Respondent to pay a fine of in excess of four hundred thousand dollars after being found guilty of misleading and deceptive conduct in early 2017. The Court found she misled consumers when she claimed her brain cancer was cured through alternative therapies and nutrition.
2/10/2017 4:57:18 AM : The ACCC has announced that the National Warranty Company NWC has agreed to make changes to its Extension to Manufacturers Warranty product after the consumer watchdog expressed concerns that the products, which are sold nationally through dealers for new and used vehicles, were potentially misleading consumers about the benefits and need for purchasing an extended warranty
22/09/2017 7:29:56 AM : The ACCC alleges some car manufacturers could be breaching Australian consumer law by leaving dealers high and dry over customer complaints. ACCC research suggests dealers who have refunded, repaired or replaced cars are sometimes unable to seek reimbursement from the manufacturer. ACCC chairman Rod Sims says manufacturers need to make sure their terms don't make dealers reluctant to offer customers help, which could affect their rights under the ACL.
15/09/2017 6:22:13 PM : The ACCC has taken court action for the second time in as many weeks to provide protection for small business from unfair contract terms. It instituted proceedings against Servcorp Ltd and two of its subsidiaries, alleging a number of unfair clauses in its standard form contracts with small businesses. Servcorp is a multinational provider of serviced office space and virtual office services.
13/09/2017 8:12:48 PM : The Australian Competition and Consumer Commission ACCC has instituted proceedings in the Federal Court against JJ Richards Sons Pty Ltd JJ Richards alleging that eight clauses in its standard form small business contract are void because they are unfair under the Australian Consumer Law ACL.
29/08/2017 7:32:24 AM : The ACCC are alleging that Viagogo has breached Australian Consumer Law by making false or misleading representations as well as engaging in misleading conduct with the price of tickets. Tickets to Australian shows by Adele http:themusic.com.aunewsall20161122ticketmasterrespondtopissantscalpersfollowingadelemaniayesterdayand Jerry Seinfeld http:themusic.com.aunewsall20161115ticketekhitsbackatcriticismfollowingseinfeldticketresaledebacle were being resold on Viagogo for more than triple the original cost price it is alleged.
4/08/2017 7:34:22 PM : The ACCC has reached an agreement with Holden, where the car manufacturer has agreed to repair rights beyond what is compelled by the Australian Consumer Law. Holden gave the Australian Competition and Consumer Commission the legally enforceable undertaking after accepting that it had probably breached the consumer law. ACCC chairman Rod Sims said Holden had wrongly told some customers that any remedy such as a repair or replacement or refund…. would be at its discretion and was a goodwill gesture.
29/07/2017 3:04:08 PM : A SUNSHINE Coast man has been ordered to pay 6000 dollars in fines in the Caloundra Magistrates Court after charges were brought by the Office of Fair Trading for failing to supply goods paid for by customers.
27/07/2017 10:31:18 AM : The ACCC has launched legal action against Ford alleging the car maker has engaged in misleading and unconscionable conduct. The ACCC has claimed that about 70000 Ford vehicles sold in Australia were fitted with a faulty dualclutch automatic gearbox. The ACCC alleges that Ford misrepresented to customers who made complaints that the issues with their vehicles were caused by the way the driver handled the vehicle, even though Ford was aware of systemic issues with the vehicles from at least 2013, ACCC chairman Rod Sims said.
8/07/2017 3:44:55 PM : The Australian Competition and Consumer Commission ACCC is checking if ISPs are delivering the internet as fast as they advertise. Over the next few months it plans to physically install 4000 internet speed monitoring devices on modems around the country it will then name the underperforming ISPs. The idea is to educate consumers. Despite Australians spending billions each year on broadband, four out of five don't know what speeds they're signing up for, according to recent ACCC survey.
6/07/2017 7:07:53 AM : A private college in Sydney is found to have breached consumer law when it signed up students to loans without them knowing according to a Federal Court ruling. The Australian Competition and Consumer Commission took action against the Unique International College in Granville.
27/06/2017 6:54:06 PM : The Federal Court has found failed skills training company Get Qualified Australia Pty Ltd engaged in unconscionable and misleading conduct by promising customers qualifications it was not able to legally offer. On the back of a case initiated by the Australian Competition and Consumer Commission, the court found Get Qualified made false and misleading representations by offering a moneyback guarantee that was almost always declined and claiming places in courses were limited.
3/06/2017 5:20:12 PM : The ACCC has launched Federal Court action against private health insurer NIB, alleging it misled customers by not informing them of changes in their coverage. The Australian Competition and Consumer Commission has alleged, between June 2011 and October 2016, NIB represented to members that several of its policies covered eye procedures and members would not pay any outofpocket expenses. NIB facing penalties of up to 1.1million dollars per breach.
8/05/2017 1:55:37 PM : Dominos Pizza is the first company to pay penalties totalling 18000 dollars for alleged noncompliance with the Franchising Code of Conduct. The ACCC issued two infringement notices to Dominos Pizza because it had reasonable grounds to believe that Dominos Pizza failed to provide its franchisees with a 201516 marketing fund financial statement and auditors report within the time limits prescribed under the Franchising Code. As marketing is often a significant expense for franchisees, its important that franchisors provide timely and accurate information about the marketing funds activities.
4/05/2017 8:51:36 AM : From 26 April 2017 Victoria will adopt new reforms for domestic building work dispute resolution. These reforms are part of the Victorian Government's consumer protection building reform package the Building Legislation Amendment Consumer Protection Act 2016 . Essentially parties to a Domestic Building Dispute will be required to have participated in Conciliation, prior to an application at the VCAT being heard.
25/04/2017 8:28:08 AM : The Minister for Communications has announced that the Australian Competition and Consumer Commission will commence a broadband performance monitoring program from mid 2017. Earlier this year the ACCC published a set of principles to assist internet service providers in ensuring that their advertising claims about broadband speeds are not misleading.
8/04/2017 7:40:57 AM : The ACCC is taking mobile phone maker Apple to court, alleging Apple is shortchanging iPhone and iPad users and breaking the law by refusing to look at devices repaired by other firms. ACCC chairman Rod Sims said under Australian laws, Apple could not refuse to repair faulty products if they had been repaired previously by another company. Denying a consumer their consumer guarantee rights simply because they had chosen a thirdparty repairer not only impacts those consumers but can dissuade other customers from making informed choices about their repair options including where they may be offered at lower cost than the manufacturer, he said
8/04/2017 7:33:52 AM : Vulnerable and disadvantaged tenants and consumers are set to receive increased Government assistance over the next four years, starting from July. The Tenancy and Consumer Program will receive an extra 1.1 million dollars in 201718, and a funding increase of more than 30 per cent over the four years from 201721.
27/03/2017 8:01:46 PM : The Federal Government has ordered the consumer watchdog to look into retail electricity prices amid a spike in power costs for consumers on Australias east coast. The Australian Competition and Consumer Commission will be given the power to demand information from electricity providers to get a detailed look into what is going on in the market and to see if further intervention is needed.
23/03/2017 9:32:12 AM : The Australian Competition and Consumer Commission has released its compliance and enforcement policy https:www.accc.gov.auaboutusaustraliancompetitionconsumercommissioncomplianceenforcementpolicy for 2017 which identifies a number of new priorities. The Commission will take a hard line approach against larger companies and individuals that have contravened the competition and consumer law. It will seek higher penalties from those that have breached the law.
9/03/2017 4:48:31 AM : The Australian Competition and Consumer Commission has brought proceedings in the Federal Court against Volkswagen and Audi over the diesel emissions scandal. The ACCC alleges the company used a device that could detect when the car was being tested and then lower emissions during tests
8/03/2017 8:15:24 AM : The Australian Securities and Investments Commission is taking Westpac to the Federal Court over its lending practices. The ASIC alleges that during December 2011 and March 2015, Westpac did not properly assess whether borrowers could meet their repayment obligations before signing their home loan contracts.
8/03/2017 5:35:03 AM : Jetstar and Virgin Australia have been fined hundreds of thousands of dollars for their use of misleading and deceptive pricing tactics. I think this is a very big deal, said Rod Sims, chairman of the Australian Competition and Consumer Commission. Consumers have been complaining about drip pricing for a long time. This penalty sends out a very important message to airlines
22/02/2017 8:04:45 AM : A Report of the Independent Review of the Code of Banking Practice has been completed. Also completed is a Report of the Independent Review of the Code Compliance Monitoring Committee. The Australian Bankers Association is expected to provide a full response to the report in March and aims to release a new Code by the end of 2017
10/02/2017 8:13:34 AM : ACCC chairperson Rod Sims says the review of BPs 1.8 billion dollar Woolworths petrol station takeover will be long, as local competition issues at the in excess of 500 service stations will need to be carefully evaluated.
10/02/2017 8:08:39 AM : ACCC chairman Rod Sims said the ACCC had carefully reviewed a string of highprofile decisions handed down late last year that had profound implications for business generally and would respond by seeking stronger penalties and instigating a review across the ecommerce sector.
11/01/2017 9:01:35 AM : Complaints about electronics and whitegoods have been rife according to the Australian Competition and Consumer Commission in 2016. The ACCC has released its analysis of complaints made to it under the Australian Consumer Law ACL, which protects customers from faulty goods and services. Under the law, retailers are obliged to give customers a remedy repair, refund or exchange for goods that are found to be not of a reasonable quality, including products that malfunction earlier than would generally be expected as reasonable. Acting chair Dr Michael Schaper in a statement, said consumers may still have rights under the ACL's consumer guarantees as they are unrelated to any manufacturer's warranty period.
WHAT WE CAN DO
Conduct Mediation and Conciliation in:
- * Body corporate disputes (both in Queensland and Victoria - BCCM Act 1997 and Owners Corporation Act 2006)
- * Client and costs disputes with legal practitioners
- * Contract disputes and Fair Trading - ACLFTA 2012
- * Competition disputes - Competition and Consumer Act 2010
- * Damages
- * Defamation
- * Intellectual property
- * Misrepresentation
- * Property disputes
- *Advocacy - non-legal assistance in Court Matters
- *Negotiation generally of difficult matters, particularly those which may have stalled
- * and other matters…..
News
14/10/2019 7:11:27 AM : Following a request from the ACCC the Treasurer is directing the ACCC to conduct an inquiry into bank residential mortgage price competition including the role of small banks in competition
20/08/2019 11:07:21 AM : The dominance of the leading digital platforms and their impact across Australias economy, media and society must be addressed with significant, holistic reform, according to the final report of the ACCCsDigital Platforms Inquiry https:www.accc.gov.audigitalinquiry.
31/07/2019 4:41:06 PM : The ACCC released the final report https:accc.us10.listmanage.comtrackclicku2d4af35bb8308428c89cac9a4id58d1b3ebd3e6e3c71cac6 of its Digital Platforms Inquiry which reveals the dominance and impact of digital platforms, and the need for significant reform. For small business, the Inquiry recognised that digital platforms have provided a new advertising avenue, particularly online advertising which has helped businesses build a brand and a following through social media.
5/07/2019 7:48:56 PM : Australias Competition and Consumer Commission has announced it is pursuing Federal Court action against Samsung, alleging it has mislead consumers by promoting the recent Galaxy S10 range of smartphones as water resistant.
10/05/2019 5:12:49 AM : The ACCC says price compare website iSelect misled customers for two years by recommending energy retailers that paid it higher commissions. The Australian Consumer Competition Commission has alleged that since at least November 2016 iSelect claimed consumers using its website would benefit from iSelect comparing all energy plans available from its partner retailers in a specific location.
23/03/2019 8:52:27 AM : Jewellery business Pandora may have breached the Australian consumer law by misleading customers about their right to a refund for faulty items bought in store and online. The consumer watchdog accepted a court enforceable undertaking from Pandora after investigating consumer complaints.
27/02/2019 1:37:14 PM : ACCC boss Rod Sims has put electronics and homewares retailers on notice over thousands of complaints about faulty products in the last 12 months. Mr Sims concerned that many manufacturers and large retailers are not complying with consumer guarantee laws and he has indicated this will be an area of renewed focus during the ensuing year
8/02/2019 2:38:56 PM : The Australian Competition and Consumer Commission has begun an investigation into the outdoor advertising sector. The goal is to assess whether the use of rebates and discounts are breaching parts of the Competition and Consumer Act.
10/01/2019 9:21:58 AM : ACCC head Rod Sims has warned companies that mislead consumers to expect fines in the hundreds of millions of dollars this year. Mr Sims also said the Australian Competition and Consumer Commission will clash with companies over merger proposals.
10/01/2019 9:11:30 AM : Jetstar have been given notice that they must be fairer with passengers over refunds, and have been fined for misleading its customers about their legal rights in relation to refunds. ACCC boss Rod Sims noted You cannot say there are no refunds no matter how cheap the ticket is, no matter what ticket you buy. Mr Sims said Jetstar made claims on its website that consumers could only receive a refund if they bought a more expensive fare.
20/11/2018 8:06:21 AM : The Australian Competition and Consumer Commission has found that Meriton Property Services breached sections 18 and 34 of the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 engaging in misleading or deceptive conduct and conduct that is likely to mislead the public as to the nature of services. Meriton was found to have engaged in deceptive conduct by preventing guests from posting negative reviews on TripAdvisor. Meriton provides serviced apartments for shortterm stays.
20/11/2018 7:45:10 AM : The Australian Competition and Consumer Commission has warned online retailers of their obligations under the Australian Consumer Law. ACCC deputy chairperson Delia Rickard Under Australian Consumer Law, anyone selling products to Australian consumers must ensure their products arent banned here and that they meet Australias 42 mandatory safety standards, no matter where they are located in the world.
15/11/2018 7:11:42 AM : Australias banks want existing regulations simplified and clarified rather than any largescale reforms to address widespread misconduct uncovered by the royal commission into the financial services sector
24/08/2018 4:47:37 PM : Companies who breach consumer law will be hit with much higher financial penalties. The changes will see larger penalties imposed on businesses in breach of the Act. ACCC Chairman Rod Sims has noted that a single breach could now cost a company 10 per cent of their turnover
18/08/2018 11:44:39 AM : From 1 July 2018, objectors have 28 days to lodge a VCAT application for review of a planning decision. The Victorian Parliament recently passed planning regulations that increase the number days from 21 to 28.
18/08/2018 11:35:28 AM : A number of AFL and NRL teams have misled fans over return and refund policies surrounding the sales of club merchandise, it has been revealed. The Australian Competition and Consumer Commission ACCC found nine AFL clubs and 12 NRL clubs have policies on club merchandise such as jerseys, hoodies and caps that violated Australian Consumer Law. Under Australian law, simply because items are discounted does not mean they are not eligible for a refund or return.
1/07/2018 8:15:27 AM : LG Electronics has been reprimanded by the full Federal Court for misleading consumers about their rights to have TVs repaired or replaced. The Australian Competition and Consumer Commission took LG Electronics to court in 2015, claiming it had made false statements to consumers about their right to have faulty televisions repaired or replaced.
21/06/2018 7:15:23 AM : The Federal Court ordered Apple Inc Apple US to pay 9 million in penalties for making false or misleading representations to customers with faulty iPhones and iPads about their rights under the Australian Consumer Law ACL. The ACCC took action against Apple US and Apple Pty Ltd Apple Australia following an investigation of complaints relating to error 53. This error disabled some iPhones and iPads after owners downloaded an update to Apples iOS operating system. If a product is faulty, customers are legally entitled to a repair or a replacement under the Australian Consumer Law, and sometimes even a refund. Apples representations led customers to believe theyd be denied a remedy for their faulty device because they used a third party repairer, ACCC Commissioner Sarah Court said.
4/05/2018 11:58:43 PM : If you purchased certain models of HP printers and werent informed that nonHP ink cartridges might be incompatible you could be eligible for compensation. HP has given the ACCC a courtenforceable undertaking after it admitted to not disclosing to its customers that certain printers, or their firmware updates, included technology that was designed to prevent nonHP ink cartridges from being used. This resulted in nonHP ink cartridges being rejected, and in many cases, customers receiving an error message which indicated that the cartridge was damaged, when this was not the case.
13/04/2018 7:57:49 AM : The Australian Consumer Law does not describe what sufficient proof of purchase is. Sometimes you may need to provide more than one of these things to support your claim. However, as long as you can reasonably demonstrate that you purchased an item, a business may be breaking the law if it denies your right to a refund, repair or replacement for an item that fails to meet a consumer guarantee. Businesses are not required to provide you with a refund or replacement if you simply change your mind.
16/03/2018 7:40:44 PM : The ACCC has initiated proceedings in the Federal Court against Equifax, alleging the credit reporting bureau made false or misleading representations to consumers between June 2013 and March 2017, in breach of consumer laws.
28/02/2018 8:42:04 PM : Netgear will provide refunds and compensation to customers misled by warranty and technical support representations, the Australian Competition Consumer Commission has confirmed. The consumer watchdog said Netgear incorrectly told customers they could not receive a remedy for a faulty product unless it was covered by the vendors own manufacturer's warranty or if they purchased a technical support contract.
20/02/2018 5:13:04 PM : The Australian Competition and Consumer Commission ACCC described planned bigger fines for big business as the key to changing corporate culture, as it revealed its top priorities for the year. The consumer watchdog listed costofliving issues as among its key priorities, including energy costs, NBN speeds, consumer guarantees and mortgage pricing.
3/02/2018 11:12:37 AM : The national customer protection watchdog is concerned by a dramatic surge in complaints indicating that many retailers are still not complying with the Australian Consumer Law . The sevenyearold ACL gives customers many powerful rights and places a wide range of obligations on retailers and manufacturers.
1/02/2018 9:08:55 AM : Main findings in the Australian Competition and Consumer Commissions recent report into the new car retailing industry market were that new car companies have been obstructing customers over guarantees, running anticompetitive repair systems and misleading buyers about fuel consumption and emissions.
19/01/2018 11:47:27 AM : The national customer protection watchdog is concerned by a dramatic surge in complaints, indicating that many retailers are still not complying with the Australian Consumer Law. The sevenyearold ACL gives customers many powerful rights, and places a wide range of obligations on retailers and manufacturers
30/12/2017 9:07:48 AM : A Queensland firm is investigating a class action against Apple to get compensation for users of older iPhones affected by updates that slowed down their smartphones
11/12/2017 9:57:16 PM : Optus has been forced by the Australian Competition and Consumer Commission to refund thousands of customers who were promised fast broadband but received slower throughput. Almost half of Optus' customers who paid for 100Mbps downloads didn't get the speed that was promised
27/11/2017 5:44:06 PM : A Mount Eliza estate agency and its director and officer in effective control have each been penalised 8500 AU DOLLARS for contravening Victorian estate agent laws. The Frankston Magistrates Court found that between June 2015 and March 2016 the Agent, knowingly authorised or permitted Bay Life Properties to, among other things, fail to keep full and accurate accounting records showing particulars of each transaction, and fail to correctly balance accounts at the end of the month.
13/11/2017 8:42:55 AM : TPG Internet Pty Limited TPG Internet has paid a 360000 dollars AU infringement notice following an ACMA investigation into breaches of the Spam Act 2003. The ACMA investigation followed complaints from consumers that they had unsubscribed from receiving commercial electronic messages from TPG Internet but continued to receive the messages.
6/11/2017 10:31:38 AM : The Federal Court has ordered penalties totalling 750000 dollars against MSY Technology Pty Ltd, MSY Group Pty Ltd, and M.S.Y. Technology NSW Pty Ltd MSY Technology for misrepresenting consumers rights to remedies for faulty products. MSY Technology operates 28 retail stores across Australia and online, selling computers, computer parts, accessories and software. MSY Technology admitted that it made false or misleading representations on the MSY website, and in oral and email communications to consumers about their rights.
22/10/2017 12:58:15 PM : Approx 48000 Mitsubishi cars across Australia are being recalled, caused by a defect which may abruptly cut out the engine. The Australian Competition and Consumer Commission published a recall notice on the Mitsubishi Lancer CJ and CF 1516MY, Mitsubishi ASX XB 1515.5MY, and Mitsubishi Outlander ZJ and ZK 14MY and 1617MYV
20/10/2017 7:11:24 AM : The Treasurer has introduced into the House of Representatives three Bills which will establish the Banking Executive Accountability Regime
11/10/2017 8:48:46 PM : The ACCC has lodged an Appeal from the Federal Courts decision on 30 August 2017 dismissing the ACCCs proceedings against Medibank Private Limited which had alleged that Medibank made false, misleading or deceptive representations and engaged in unconscionable conduct in relation to its failure to notify Medibank members and members of its sister company, AHM.
11/10/2017 8:45:07 PM : The New South Wales Government is set to introduce legislation into Parliament forcing retailers to put a threeyear minimum on gift card expiry dates. The New South Wales Better Regulation Minister Matt Kean said he would introduce the package of reforms into State Parliament this week, to stop retailers keeping an estimated 60 million dollars a year across New South Wales as people failed to use their gift cards in time.
2/10/2017 5:08:37 AM : The ACCC has lodged a Notice of Appeal from the Federal Courts decision on 30 August 2017 dismissing the ACCCs proceedings against Medibank Private Limited Medibank. The ACCC had alleged that Medibank made false, misleading or deceptive representations and engaged in unconscionable conduct in relation to its failure to notify Medibank members and members of its subsidiary brand, ahm, of its decision to limit benefits for inhospital pathology and radiology services, despite representing across a number of its communication and marketing materials that it would.
2/10/2017 5:05:05 AM : The ACCC is appealing a court dismissal of its allegation that LG Electronics misled customers about warranty rights on faulty products. The Federal Court in September dismissed the Australian Competition and Consumer Commissions allegations that LG made false or misleading representations to certain customers about their rights in relation to faulty televisions
2/10/2017 5:01:06 AM : In the case of Director of Consumer Affairs Victoria v Gibson No 3 2017 FCA 1148 28 September 2017, the Federal Court has ordered Belle Gibson the Respondent to pay a fine of in excess of four hundred thousand dollars after being found guilty of misleading and deceptive conduct in early 2017. The Court found she misled consumers when she claimed her brain cancer was cured through alternative therapies and nutrition.
2/10/2017 4:57:18 AM : The ACCC has announced that the National Warranty Company NWC has agreed to make changes to its Extension to Manufacturers Warranty product after the consumer watchdog expressed concerns that the products, which are sold nationally through dealers for new and used vehicles, were potentially misleading consumers about the benefits and need for purchasing an extended warranty
22/09/2017 7:29:56 AM : The ACCC alleges some car manufacturers could be breaching Australian consumer law by leaving dealers high and dry over customer complaints. ACCC research suggests dealers who have refunded, repaired or replaced cars are sometimes unable to seek reimbursement from the manufacturer. ACCC chairman Rod Sims says manufacturers need to make sure their terms don't make dealers reluctant to offer customers help, which could affect their rights under the ACL.
15/09/2017 6:22:13 PM : The ACCC has taken court action for the second time in as many weeks to provide protection for small business from unfair contract terms. It instituted proceedings against Servcorp Ltd and two of its subsidiaries, alleging a number of unfair clauses in its standard form contracts with small businesses. Servcorp is a multinational provider of serviced office space and virtual office services.
13/09/2017 8:12:48 PM : The Australian Competition and Consumer Commission ACCC has instituted proceedings in the Federal Court against JJ Richards Sons Pty Ltd JJ Richards alleging that eight clauses in its standard form small business contract are void because they are unfair under the Australian Consumer Law ACL.
29/08/2017 7:32:24 AM : The ACCC are alleging that Viagogo has breached Australian Consumer Law by making false or misleading representations as well as engaging in misleading conduct with the price of tickets. Tickets to Australian shows by Adele http:themusic.com.aunewsall20161122ticketmasterrespondtopissantscalpersfollowingadelemaniayesterdayand Jerry Seinfeld http:themusic.com.aunewsall20161115ticketekhitsbackatcriticismfollowingseinfeldticketresaledebacle were being resold on Viagogo for more than triple the original cost price it is alleged.
4/08/2017 7:34:22 PM : The ACCC has reached an agreement with Holden, where the car manufacturer has agreed to repair rights beyond what is compelled by the Australian Consumer Law. Holden gave the Australian Competition and Consumer Commission the legally enforceable undertaking after accepting that it had probably breached the consumer law. ACCC chairman Rod Sims said Holden had wrongly told some customers that any remedy such as a repair or replacement or refund…. would be at its discretion and was a goodwill gesture.
29/07/2017 3:04:08 PM : A SUNSHINE Coast man has been ordered to pay 6000 dollars in fines in the Caloundra Magistrates Court after charges were brought by the Office of Fair Trading for failing to supply goods paid for by customers.
27/07/2017 10:31:18 AM : The ACCC has launched legal action against Ford alleging the car maker has engaged in misleading and unconscionable conduct. The ACCC has claimed that about 70000 Ford vehicles sold in Australia were fitted with a faulty dualclutch automatic gearbox. The ACCC alleges that Ford misrepresented to customers who made complaints that the issues with their vehicles were caused by the way the driver handled the vehicle, even though Ford was aware of systemic issues with the vehicles from at least 2013, ACCC chairman Rod Sims said.
8/07/2017 3:44:55 PM : The Australian Competition and Consumer Commission ACCC is checking if ISPs are delivering the internet as fast as they advertise. Over the next few months it plans to physically install 4000 internet speed monitoring devices on modems around the country it will then name the underperforming ISPs. The idea is to educate consumers. Despite Australians spending billions each year on broadband, four out of five don't know what speeds they're signing up for, according to recent ACCC survey.
6/07/2017 7:07:53 AM : A private college in Sydney is found to have breached consumer law when it signed up students to loans without them knowing according to a Federal Court ruling. The Australian Competition and Consumer Commission took action against the Unique International College in Granville.
27/06/2017 6:54:06 PM : The Federal Court has found failed skills training company Get Qualified Australia Pty Ltd engaged in unconscionable and misleading conduct by promising customers qualifications it was not able to legally offer. On the back of a case initiated by the Australian Competition and Consumer Commission, the court found Get Qualified made false and misleading representations by offering a moneyback guarantee that was almost always declined and claiming places in courses were limited.
3/06/2017 5:20:12 PM : The ACCC has launched Federal Court action against private health insurer NIB, alleging it misled customers by not informing them of changes in their coverage. The Australian Competition and Consumer Commission has alleged, between June 2011 and October 2016, NIB represented to members that several of its policies covered eye procedures and members would not pay any outofpocket expenses. NIB facing penalties of up to 1.1million dollars per breach.
8/05/2017 1:55:37 PM : Dominos Pizza is the first company to pay penalties totalling 18000 dollars for alleged noncompliance with the Franchising Code of Conduct. The ACCC issued two infringement notices to Dominos Pizza because it had reasonable grounds to believe that Dominos Pizza failed to provide its franchisees with a 201516 marketing fund financial statement and auditors report within the time limits prescribed under the Franchising Code. As marketing is often a significant expense for franchisees, its important that franchisors provide timely and accurate information about the marketing funds activities.
4/05/2017 8:51:36 AM : From 26 April 2017 Victoria will adopt new reforms for domestic building work dispute resolution. These reforms are part of the Victorian Government's consumer protection building reform package the Building Legislation Amendment Consumer Protection Act 2016 . Essentially parties to a Domestic Building Dispute will be required to have participated in Conciliation, prior to an application at the VCAT being heard.
25/04/2017 8:28:08 AM : The Minister for Communications has announced that the Australian Competition and Consumer Commission will commence a broadband performance monitoring program from mid 2017. Earlier this year the ACCC published a set of principles to assist internet service providers in ensuring that their advertising claims about broadband speeds are not misleading.
8/04/2017 7:40:57 AM : The ACCC is taking mobile phone maker Apple to court, alleging Apple is shortchanging iPhone and iPad users and breaking the law by refusing to look at devices repaired by other firms. ACCC chairman Rod Sims said under Australian laws, Apple could not refuse to repair faulty products if they had been repaired previously by another company. Denying a consumer their consumer guarantee rights simply because they had chosen a thirdparty repairer not only impacts those consumers but can dissuade other customers from making informed choices about their repair options including where they may be offered at lower cost than the manufacturer, he said
8/04/2017 7:33:52 AM : Vulnerable and disadvantaged tenants and consumers are set to receive increased Government assistance over the next four years, starting from July. The Tenancy and Consumer Program will receive an extra 1.1 million dollars in 201718, and a funding increase of more than 30 per cent over the four years from 201721.
27/03/2017 8:01:46 PM : The Federal Government has ordered the consumer watchdog to look into retail electricity prices amid a spike in power costs for consumers on Australias east coast. The Australian Competition and Consumer Commission will be given the power to demand information from electricity providers to get a detailed look into what is going on in the market and to see if further intervention is needed.
23/03/2017 9:32:12 AM : The Australian Competition and Consumer Commission has released its compliance and enforcement policy https:www.accc.gov.auaboutusaustraliancompetitionconsumercommissioncomplianceenforcementpolicy for 2017 which identifies a number of new priorities. The Commission will take a hard line approach against larger companies and individuals that have contravened the competition and consumer law. It will seek higher penalties from those that have breached the law.
9/03/2017 4:48:31 AM : The Australian Competition and Consumer Commission has brought proceedings in the Federal Court against Volkswagen and Audi over the diesel emissions scandal. The ACCC alleges the company used a device that could detect when the car was being tested and then lower emissions during tests
8/03/2017 8:15:24 AM : The Australian Securities and Investments Commission is taking Westpac to the Federal Court over its lending practices. The ASIC alleges that during December 2011 and March 2015, Westpac did not properly assess whether borrowers could meet their repayment obligations before signing their home loan contracts.
8/03/2017 5:35:03 AM : Jetstar and Virgin Australia have been fined hundreds of thousands of dollars for their use of misleading and deceptive pricing tactics. I think this is a very big deal, said Rod Sims, chairman of the Australian Competition and Consumer Commission. Consumers have been complaining about drip pricing for a long time. This penalty sends out a very important message to airlines
22/02/2017 8:04:45 AM : A Report of the Independent Review of the Code of Banking Practice has been completed. Also completed is a Report of the Independent Review of the Code Compliance Monitoring Committee. The Australian Bankers Association is expected to provide a full response to the report in March and aims to release a new Code by the end of 2017
10/02/2017 8:13:34 AM : ACCC chairperson Rod Sims says the review of BPs 1.8 billion dollar Woolworths petrol station takeover will be long, as local competition issues at the in excess of 500 service stations will need to be carefully evaluated.
10/02/2017 8:08:39 AM : ACCC chairman Rod Sims said the ACCC had carefully reviewed a string of highprofile decisions handed down late last year that had profound implications for business generally and would respond by seeking stronger penalties and instigating a review across the ecommerce sector.
11/01/2017 9:01:35 AM : Complaints about electronics and whitegoods have been rife according to the Australian Competition and Consumer Commission in 2016. The ACCC has released its analysis of complaints made to it under the Australian Consumer Law ACL, which protects customers from faulty goods and services. Under the law, retailers are obliged to give customers a remedy repair, refund or exchange for goods that are found to be not of a reasonable quality, including products that malfunction earlier than would generally be expected as reasonable. Acting chair Dr Michael Schaper in a statement, said consumers may still have rights under the ACL's consumer guarantees as they are unrelated to any manufacturer's warranty period.
WHAT WE CAN DO
Conduct Mediation and Conciliation in:
- * Body corporate disputes (both in Queensland and Victoria - BCCM Act 1997 and Owners Corporation Act 2006)
- * Client and costs disputes with legal practitioners
- * Contract disputes and Fair Trading - ACLFTA 2012
- * Competition disputes - Competition and Consumer Act 2010
- * Damages
- * Defamation
- * Intellectual property
- * Misrepresentation
- * Property disputes
- *Advocacy - non-legal assistance in Court Matters
- *Negotiation generally of difficult matters, particularly those which may have stalled
- * and other matters…..