NSW Bill to Allow Fair Trading Commissioner to Directly Address Consumer Disputes
The NSW Government has introduced the Fair Trading Legislation Amendment (Consumer Guarantee Directions) Bill 2018 (NSW) (‘the Bill’) on 8 August 2018. The Bill proposes to allow the NSW Fair Trading Commissioner to address consumer issues directly, allowing the Commissioner to direct businesses to refund, replace or repair defective goods. The new laws are proposed to come into effect from 1 January 2019.
High Court Refuses Special Leave Application by Cable Manufacturer
The High Court of Australia has dismissed an application for special leave to appeal by electrical cable manufacturer Prysmian Cavi E Sistemi S.R.L. (“Prysmian”) following a decision of the Full Federal Court which upheld the trial judge’s finding that the company had engaged in cartel conduct in the supply of high voltage land cables.
Victoria Passes Short-Stay Accommodation Bill
The Owners Corporations Amendment (Short-Stay Accommodation) Bill 2016 (Vic) (‘the Bill’) has finally passed both houses of the Victorian Parliament on 8 August 2018.
Criminal Assets Confiscation (Miscellaneous) Amendment Act SA Commences
The Criminal Assets Confiscation (Miscellaneous) Amendment Act 2018 (SA) ("the Act") was assented on Thursday 9 August 2018, and commenced operation on 10 August 2018. The Act makes important changes to the Criminal Assets Confiscation Act 2005 ("the CAC Act").
Minister for Immigration and Border Protection v SZVFW [2018] HCA 30: Proceedings
Without Respondent
In Minister for Immigration and Border Protection v SZVFW [2018] HCA 30 (8 August 2018), the High Court has unanimously held that a decision of the Refugee Review Tribunal ("the Tribunal") to proceed in the absence of the First and Second Respondents ("the Respondents") was not unreasonable, and that the Full Court of the Federal Court of Australia should have set aside a decision of the Federal Circuit Court of Australia which had found the Tribunal's decision to be unreasonable [see Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33 (2 March 2017)].
In Commissioner of Taxation of the Commonwealth of Australia v Martin Andrew Thomas and Others [2018] HCA 31 (8 August 2018), the High Court of Australia has unanimously allowed two appeals (one of them in part) and dismissed two appeals from the Full Court of the Federal Court of Australia [see Thomas v Commissioner of Taxation [2017] FCAFC 57 (12 April 2017)].
High Court Allows Appeal on Grounds of Procedural Fairness in DL v The Queen [2018]
HCA 32
The High Court has unanimously allowed an appeal in the case of DL v The Queen [2018] HCA 32. The case concerned an appeal on the grounds of lack of procedural fairness over re-sentencing upon appeal. In particular, the High Court noted that according procedural fairness required letting the offender know if an appellate court or judge is inclined to depart from the primary judge's findings.
Interim Report Released By Parliamentary Committee on Indigenous Constitutional Recognition
The Joint Select Committee on Constitutional Recognition Relating to Aboriginal and Torres Strait Islander Peoples 2018 (“the Committee”) has released their interim report. The Committee was appointed in order to inquire into and report on the matter of constitutional and legislative changes required in order to advance self-determination for the Aboriginal and Torres Strait Islander peoples. The Committee’s final report is scheduled to be released on 29 November 2018.
ACCC Takes Action Against Europcar For Excessive Card Payment Surcharges
A recent Media Release from the Australian Competition and Consumer Commission (the “ACCC”) has revealed that the consumer watchdog has begun proceedings in the Federal Court of Australia against CLA Trading Pty Ltd (t/a as “Europcar”) for allegedly charging excessive credit and debit card payment surcharges, in breach of the Competition and Consumer Act 2010 (Cth).
Treasury Releases Draft Competition and Consumer Gift Cards Amendment Bill
On 26 July 2018, the Federal Treasury released for public consultation an exposure draft of the Competition and Consumer Amendment (Gift Cards) Bill 2018 ("the Draft Bill") and explanatory materials. The Bill is intended to address issues arising with respect to the expiry of gift cards and fees payable on them. Public submissions on the Draft Bill and the explanatory materials will be open until 9 August 2018.
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