Australian Competition and Consumer Commission v Chrisco Hampers Australia Limited [2015] FCA 1204

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Chrisco Hampers Australia Limited [2015] FCA 1204 Citation: Australian Competition and Consumer Commission v Chrisco Hampers Australia Limited [2015] FCA 1204

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CHRISCO HAMPERS AUSTRALIA LIMITED ACN 080 852 535

File number: QUD 683 of 2014

Judge: EDELMAN J

Date of judgment: 10 November 2015

Catchwords: CONSUMER LAW – Australian Consumer Law s 24(1) – meaning of an unfair term – relevant considerations – whether a term is unfair if it requires a consumer (unless the consumer opts-out) to pay money to a supplier by instalments for goods that might never be ordered without offering any financial benefit such as a discount on the goods or any interest if the money is refunded – meaning of a "significant imbalance in the parties' rights and obligations arising under the contract" CONSUMER LAW – Australian Consumer Law s 96(3) – meaning of the supplier's obligation to ensure that the amount of a termination charge is not more than the supplier's reasonable costs in relation to the agreement CONSUMER LAW – Australian Consumer Law s 97(3) – meaning of a "lay-by" agreement

Legislation: Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ss 23, 23(1), 23(3), 24, 24(1), 24(1)(a)-(c), 24(2), 24(2)(a)-(b), 24(4), 25, 25(1)(a)-(j), 27, 29(1)(m), 96, 96(3), s 96(3)(a), 97, 97(1), 97(2), 97(3), 97(1)(b) Unfair Terms in Consumer Contract Regulations 1999 (UK) reg 5(1) Trade Practices Amendment (Australian Consumer Law) Bill (No 2) 2010 (Cth) Ch [5.2]-[5.4] Explanatory Memorandum, Trade Practices Amendment (Australian Consumer Law) Bill 2009 (Cth) Ch 11 pp 133, 135 Explanatory Memorandum, Trade Practices Amendment (Australian Consumer Law) Bill (No 2) 2010 (Cth) Chs [5.38], [5.39], [5.44], [5.49]-[5.57] Trade Practices Amendment (Australian Consumer Bill) 2009 Hansard, House of Representatives, 24 June 2009, 6986 Productivity Commission Inquiry Report, Review of Australia's Consumer Policy Framework Volume 2 – Chapters and Appendices No 45 (30 April 2008) p 159