Competition and Consumer Act 2010

Full Federal Court finds Employsure Google Ads misleading

The Full Federal Court has today unanimously upheld an appeal by the ACCC in relation to Google Ads published by workplace relations advisor Employsure Pty Ltd.

The Full Court found that Employsure had breached the Australian Consumer Law by making misleading representations that it was, or was affiliated with, a government agency, overturning the judgment of Justice Griffiths that dismissed this claim at first instance. 

Telstra, Optus and TPG allegedly misled consumers over NBN maximum speeds

The ACCC has instituted separate proceedings in the Federal Court against each of Telstra Corporation Ltd (Telstra), Optus Internet Pty Limited (Optus), and TPG Internet Pty Ltd (TPG) for making alleged false or misleading representations in their promotions of some 50Mbps and 100Mbps NBN plans, in breach of the Australian Consumer Law.

ACCC alleges SmileDirectClub misled consumers about health insurance reimbursement for clear teeth aligners

The ACCC has instituted Federal Court proceedings against SmileDirectClub Aus Pty Ltd and its US parent company, SmileDirectClub LLC (together SmileDirectClub) over alleged false and misleading statements about private health insurance reimbursement for its clear teeth aligners and associated treatment.

Court finds Captain Cook College acted unconscionably and misled students

The Federal Court has found that Productivity Partners Pty Ltd, trading as Captain Cook College, engaged in a system of unconscionable conduct and made false or misleading representations to prospective students in relation to online diploma courses following contested proceedings.

The Court found Captain Cook College implemented a system of unconscionable conduct from 7 September 2015, when it removed consumer safeguards from its enrolment and withdrawal processes for online courses under the former VET FEE-HELP loan program to improve its financial performance.

Nine Entertainment pays penalties for alleged excessive payment surcharges

Six subsidiaries of Nine Entertainment Co (Nine) have paid penalties totalling $159,840 after the ACCC issued them with 12 infringement notices for allegedly charging subscribers and advertisers excessive payment surcharges.

Nine will also provide approximately $450,000 in consumer redress to eligible advertising, home delivery and digital subscription customers.

Sumo Power to pay $1.2 million for misleading electricity plans

The Federal Court has declared by consent that Sumo Power Pty Ltd (Sumo) made false or misleading representations in selling electricity plans to Victorian consumers and ordered it to pay $1.2 million in penalties, and to pay consumer redress to affected consumers.

Sumo admitted that between June and December 2018, it had misled consumers about how much they would pay for their electricity if they switched to Sumo, in breach of the Australian Consumer Law.

Court dismisses ACCC case against NSW Ports

The Federal Court has dismissed the ACCC’s proceedings against NSW Ports Operations Hold Co Pty Ltd and its subsidiaries Port Botany Operations Pty Ltd and Port Kembla Operations Pty Ltd (together: NSW Ports).

The proceedings concerned agreements, known as Port Commitment Deeds, which were entered into as part of the privatisation of Port Botany and Port Kembla by the NSW Government in May 2013, for a term of 50 years.