The latest issue of the Australian Journal of Competition and Consumer Law (Volume 19 Part 2) contains the following material:
A lucrative source of income for businesses, extended warranties are often criticised for delivering little benefit to consumers over and above pre-existing statutory rights. But subtle changes under the Australian Consumer Law package of reforms threaten to fundamentally change the way extended warranties are offered to Australian consumers. Combined with a renewed regulatory focus, businesses will be forced to carefully consider whether their extended warranties comply with the law and provide consumers with rights that are truly additional to their statutory rights.
The High Court’s rejection of loss of chance damages in cases of medical negligence involving personal injury calls into question the availability of loss of chance damages in other contexts, namely commercial cases based on causes of action for misleading or deceptive conduct, breach of contract or negligence. This article discusses the decision of the High Court in Tabet v Gett (2010) 240 CLR 537, as well as international case law, and considers the implications those decisions have for the availability of loss of chance damages in commercial, including trade practices, cases. The article concludes that while loss of that availability is a legitimate cause for concern, loss of chance damages in the commercial context have so far survived the High Court’s decision and remain claimable.
- The case for imposing monetary penalties for breaches of mandatory industry codes of conduct – Frank Zumbo
- Virgin Blue and Air New Zealand’s airline alliance – Rosannah Healy
- When instructions aren’t instructions and the importance of maintenance – Larissa Detmold
- No room for “Vulgarians” and the “exceptionally gifted” – protection of internet users as a class of consumers – Sabrina Ng and Ellen White
- The Baxter Saga: A post-script – Erica Brooke Taylor
SNAPSHOTS – Damien O’Brien and Douglas Shirrefs
- A déjà vu tale of two grocery markets – Hank Spier
- Prices and costs: Good accounting is bad economics – Alex Sundakov
- EU export controls in light of EU sanctions and embargoes imposed in the Middle East and Africa – Tom Pick, Jochen Beck and Simon Lucas
- Overview of the Competition Act 2002 and recent trends in India – Vaishali Mittal
For the pdf version of the table of contents, click here: AJCCL Vol 19 Pt 2 Contents.