Competition and Consumer Act 2010

Peter Foster declared bankrupt

The Federal Court declared Peter Foster bankrupt last week, granting the ACCC’s application for a sequestration order after he failed to pay costs in the SensaSlim matter.

“The ACCC took this action because we are committed to enforcing compliance with court orders made against individuals and companies for breaching consumer law,” ACCC Commissioner Sarah Court said.

Small business contacts up 30 per cent

Almost 5,000 small businesses contacted the ACCC in the second half of 2017, up from 3,700 in the preceding six months, according to the latest edition of the Small business in focus released today.


“Alleged misleading conduct, false representations and consumer guarantees remained the top issues reported to the ACCC by business last year,” ACCC Acting Chair Dr Michael Schaper said.

TPG to compensate customers for slow NBN speeds

TPG Internet Pty Ltd (TPG) will compensate nearly 8,000 of its customers who were misled about maximum speeds they could achieve on certain TPG NBN plans.

Between 1 September 2015 and 30 June 2017, TPG sold NBN broadband plans advertising a range of speeds, including the top 100/40 speed tier (download speeds of 100 Mbps and upload speeds of 40 Mbps).

TPG advertised its high-speed plan as “Seriously Fast Internet. Up to 100Mbps”.

Belkin undertakes to honour lifetime warranties

The ACCC has accepted a court-enforceable undertaking from consumer electronics manufacturer Belkin to honour claims under its lifetime warranty policies for the lifetime of the original purchaser.

During 2016 and 2017, Belkin supplied certain products with a “lifetime warranty” or “limited lifetime warranty”. However, Belkin applied a policy of only repairing or replacing products under these warranties within the five years from the date of purchase. A disclaimer was not printed on product packaging but was referred to on Belkin’s website.

Guide to the ACL for charities, not-for-profits & fundraisers

The guide to the Australian Consumer Law for fundraising and other activities of charities, not-for-profits and fundraisers sets out general principles, supported by examples, to assist the charity and fundraising sector in understanding its obligations under the ACL.

BHP and Esso to separately market Gippsland Basin gas

BHP Billiton Petroleum (Bass Strait) Pty Ltd (BHP) and Esso Australia Resources Pty Ltd (Esso) have provided court enforceable undertakings to separately market their share of gas produced under the Gippsland Basin Joint Venture (GBJV) from 1 January 2019. 

The ACCC investigated the effect of joint marketing arrangements between BHP and Esso during the period from late 2013 to 2015, after concerns arose about those arrangements during the ACCC’s 2015 East Coast Gas Inquiry.

WA building company amends unfair contracts

Perth based building company, 101 Residential Pty Ltd, has amended its standard home building contract following ACCC concerns that it contained unfair terms and made false or misleading representations.

Between October 2014 and August 2017, 101 Residential’s building contract contained non-disparagement clauses that allowed it to prohibit customers from publishing any unapproved information about the company, including online reviews.

Catchdeal, Techrific and BecexTech to offer refunds

Online electronics retailers, BXT International Ltd (BecexTech) and TCF Global Ltd (which operates Techrific and CatchDeal) have admitted to contravening the Australian Consumer Law (ACL) and provided court-enforceable undertakings to the ACCC.

Until September 2017, BecexTech, Techrific and CatchDeal advertised electronic goods such as mobile phones and tablet computers as 'new', when they were in fact refurbished.

Over the last year, the ACCC received 96 complaints about BecexTech, 34 complaints about Techrific and 60 complaints about CatchDeal.

Optus to compensate customers for slow NBN speeds

Optus will offer remedies to more than 8,700 of its customers who were misled about maximum speeds they could achieve on certain Optus NBN plans.

Between 1 September 2015 and 30 June 2017, Optus offered NBN services to consumers advertising a range of speed plans. This included a “Boost Max” which advertised maximum download speeds of up to 100 megabits per second (Mbps) and maximum upload speeds of up to 40 Mbps (100/40 Mbps).