*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Australian Journal of Competition and Consumer Law (Volume 21 Part 1) contains the following material:
Part IIIA: A new beginning? – Thomas Jones and Andrea Kennedy
This article considers the High Court’s recent decision in Fortescue Metals’ long running application for access to rail infrastructure in the Pilbara region under Pt IIIA of the Competition and Consumer Act 2010 (Cth). The landmark decision has reshaped the declaration process under Pt IIIA by altering the operation of some of the criteria and significantly reducing the scope of any review by the Australian Competition Tribunal. While some questions remain, the increased certainty about Pt IIIA’s operation, together with the streamlining of the review process, are likely to encourage more applications for declaration and result in more timely outcomes for all parties. However, while the legal process may be nearly complete, the political process is not. The Productivity Commissioner has just commenced a far-reaching inquiry into the operation and future of Pt IIIA. Its findings may ultimately result in further and even more radical changes to the Part.
The phenomenon of payday lending – Sally Andersen
Predatory lending has been the scourge of poor and uneducated consumers for centuries. Payday lending, where borrowers loan small amounts for a short time period at high cost, is a relatively new source of predatory lending. This article briefly examines predatory lending and various attempts made throughout its long history to prevent or regulate it. It considers the origins of payday lending, and explores the comparative regulatory regimes of payday lending in the United States, United Kingdom and Australia. It then discusses which methods of government regulation appear to have been effective, concluding that unless strict regulatory schemes are enforced, control is limited at best. History shows us that leaving the payday lending industry to regulate itself results in a thriving industry creating deeply imbedded social issues.
- A foreword: Has the law of misleading or deceptive conduct itself become misleading?
- When a binding contract is not a legally binding contract – Bernard McCabe
- The legitimate and illegitimate application of pressure in consumer transactions – Thomas Brand
- Pecuniary penalties for consumer law breaches – the current state of play and pay – Darren Jackson
- Splitting fibre – do next generation network deployments spell the end of regulatory consensus in telecommunications? – Simon Muys and Jeremy Davey
- High Court holds that Garuda is not immune from jurisdiction in cartel action – Bill Keane
TRIBUNAL TABLEAUX – Ben Hancock
COUNCIL CONSIDERATIONS – Natalie Naylor
- Australian Energy Regulator – a year in review – Andrew Reeves
- European Union Court finds fault with European Commission’s inspection decision ordering dawn raid – Tom Pick
- “Smartphone wars” and their antitrust implications – Christopher Pleatsikas