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Australia anti competitive agreementsexclusion and limitation clausesunconscionability

ACCC v Chrisco Hampers Australia Ltd

[2015] FCA 1204
JurisdictionAustralia
CourtFederal Court of Australia
Year2015
StatusBinding authority

Summary

Terms in lay-by hamper agreements allowing a trader to unilaterally vary goods supplied constituted unfair contract terms under the Australian Consumer Law.

Key Principle

ACL unfair contract terms; lay-by arrangements; terms allowing trader to unilaterally vary goods

Area of Law

consumer

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Australian Securities and Investments Commission v Kobelt (2019) 267 CLR 1

HCA held 4:3 that a book-up system with Indigenous customers was not unconscionable under ASIC Act s.12CB; unconscionability requires more than a poor bargain.

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Valve Corporation made false representations to Australian consumers that no refund rights existed for Steam game purchases, breaching consumer guarantee provisions of the ACL.

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