Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224 File number: VID 971 of 2017
Judge: MOSHINSKY J
Date of judgment: 13 October 2017
Catchwords: CONSUMER LAW – unfair contract terms – where respondent provided waste management services – where respondent had entered into 26,000 contracts, including small business contracts, since applicable provisions commenced – where ACCC contended that certain terms of the contracts were "unfair" within the meaning of s 24 of the Australian Consumer Law – where ACCC and respondent reached agreement in relation to proposed declarations and injunctions – proposed declarations and orders made
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 23, 24, 25, 27, 232, 233, 250 Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth)
Cases cited: ACCC v CLA Trading Pty Ltd [2016] ATPR 42-517; [2016] FCA 377 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 368 Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd (2015) 239 FCR 33 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Securities and Investments Commission v Newcrest Mining Ltd (2014) 101 ACSR 46 Australian Securities and Investments Commission, in the matter of NSG Services Pty Ltd v NSG Services Pty Ltd [2017] FCA 345 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Director General of Fair Trading v First National Bank plc [2002] 1 AC 481; [2001] UKHL 52 Director of Consumer Affairs Victoria v AAPT Limited [2006] VCAT 1493 Jetstar Airways Pty Ltd v Free (2008) 30 VAR 295; [2008] VSC 539 Paciocco v Australia and New Zealand Banking Group Ltd (2014) 309 ALR 249 Paciocco v Australia and New Zealand Banking Group Ltd (2015) 236 FCR 199 Paciocco v Australia & New Zealand Banking Group Ltd (2016) 258 CLR 525 Plevin v Paragon Personal Finance Ltd [2014] 1 WLR 4222; [2014] UKSC 61
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