Enhancements to Unfair Contract Term Protections

Attended the Sydney consultation in relation to the proposed enhancements to Unfair Control Term Protections run by Treasury today representing the SME Committee of the Law Council of Australia.

https://consult.treasury.gov.au/consumer-and-corporations-policy-division/enhancements-to-unfair-contract-term-protections/

ACCC will not appeal Federal Court’s decision to allow TPG-Vodafone merger

I was wrong about this one - I thought the ACCC would appeal the decision.

Apparently the ACCC could not identify any errors of law in Middleton's judgment which would have changed the outcome. I guess the fact that Middleton based the key aspects of his decision on evidence from the ACCC's expert witness, Mike Wright made it pretty difficult for the ACCC to appeal.

I really can't understand the ACCC putting forward an expert witness who does not support its case theory. If your expert does not support your case theory you shouldn't be taking the case to court in the first place.

https://www.accc.gov.au/media-release/accc-will-not-appeal-federal-court%E2%80%99s-decision-to-allow-tpg-vodafone-merger

Coles to pay Norco dairy farmers around $5.25 million following ACCC investigation

How does Coles avoid getting taken to court by the ACCC for this conduct? It is a disgrace when repeat offenders, who engage in a egregious breaches of the ACL (the ACCC's words) in relation to struggling dairy farmers can avoid any enforcement action whatsoever whilst first time offenders go straight to the top of the enforcement pyramid and get sued.

The ACCC's Enforcement Committee has to pick up its game or it will lose all credibility.

https://www.accc.gov.au/media-release/coles-to-pay-norco-dairy-farmers-around-525-million-following-accc-investigation

JPMorgan helped identify 'cartel bankers', witness reveals

All very disturbing! Giving witnesses copies of tapes and transcripts prior to taking a witness statement from them, allowing the witness's employer's (JP Morgan) legal advisers to be present at the meetings with the ACCC where he is providing a witness statement, and everyone merrily taking their own separate notes of what he says.

This case is not looking good for the ACCC!

https://www.afr.com/companies/financial-services/jpmorgan-helped-identify-cartel-bankers-witness-reveals-20191205-p53h3y

Westpac's 23m breaches could be the tip of the iceberg

It all makes sense now. I had to transfer some money to a Spanish law firm which is doing some work for me. Westpac immediately cancelled the transaction and I had to spend over an hour on the phone explaining to them that it was a legitimate transaction and that I was not being scammed. They finally agreed to put the transaction through.

I was also advised by Westpac that Spain is on the red list and that apparently Spanish lawyers are not to be trusted, which sounded a bit rich coming from an Australian bank!

https://www.smh.com.au/business/banking-and-finance/westpac-s-23m-breaches-could-be-the-tip-of-the-iceberg-20191122-p53da7.html

Australian Business Law Review Vol 47 Pt 4

Volume 47, Part 4 of the ABLR has just come out. Four excellent articles, two Section Notes and a Book Review:

* “Why Not Litigate?” – The Royal Commission, ASIC and the Future of the Enforcement Pyramid – Michael Legg and Stephen Speirs

* The Lawfulness of the Dismissal/Termination of an Employee Who Has Expressed “Unwelcome” Religious Views – Anthony Gray

* Online Auctions and Consumer Protection in the United Kingdom and Australia: The Value of Transparency – Jodi Gardner and Kanchana Kariyawasam

* The Legal Implications of E-commerce for the Australian Franchise Sector – Zhanna Kremez, Kanchana Kariyawasam and Lorelle Frazer

* Penalising the Inclusion of Unfair Terms in Standard Form Small Business Contracts – A Critical Analysis – Mark Lewis

* Small Business and Unfair Dismissal: A Review of the Australian Small Business and Family Enterprise Ombudsman’s Proposed Reforms – Victoria Lambropoulos

* The Legitimacy and Responsiveness of Industry Rule-making, by Karen Lee – Reviewed by Rob Nicholls

Plenty of fascinating reading on a wide variety of legal issues. Hope you enjoy reading this edition as much as I enjoyed putting it together.

Judge warns that VW fine will be 'multiples' of $75m imposed by ACCC

It seems to me, reading between the lines, that unless VW admit their contraventions Judge Foster is going to ramp the fine up well beyond $75 million.

I think Foster is saying that $75 million is the appropriate penalty if VW demonstrates contrition and it can only demonstrate contrition by making admissions.

I also agree that the ACCC should not be accepting a no admission settlement. It seems pretty clear VW is trying to buy its way out of having to say sorry to Australian consumers.

Interestingly, as VW has not made any admissions (yet) it is not a case of them saying that they will withdraw their admissions if the judge does not agree to signing off on the $75 million penalty.

https://www.smh.com.au/business/consumer-affairs/judge-warns-that-vw-fine-will-be-multiples-of-75m-imposed-by-accc-20191016-p531be.html