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In this 34th Edition of
Australian Commercial Law, numerous additional cases, statutes, articles and books have been added, including many comparative references from other common law jurisdictions. Significant changes include the following:
- International Sales Contracts (Ch 4) includes Epic Games Inc v Apple Inc (2021) 286 FCR 105 (legislative policy that restrictive trade practices issues be determined in Australia).
- Consumer Protection (Ch 6) includes the unfair contract terms amendments made by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth). New misleading or deceptive conduct cases include: H Lundbeck A/S v Sandoz Pty Ltd (2022) 96 ALJR 208 and Trivago NV v ACCC (2020) 384 ALR 496. Recent decisions concerning unconscionable conduct include Good Living Co Pty Ltd v Kingsmede Pty Ltd (2021) 284 FCR 424; ACCC v Phoenix Institute of Australia Pty Ltd [2021] ATPR 42-741 and ACCC v Quantum Housing Group Pty Ltd (2021) 285 FCR 133. Other decisions include viagogo AG v ACCC [2022] ATPR 42-779 (false or misleading representations about the price of goods or services); ACCC v Employsure Pty Ltd (2021) 392 ALR 205 (false or misleading representations that goods or services have an affiliation); Ethicon Sàrl v Gill (2021) 387 ALR 494 (safety defects); Crowley v Worley Pty Ltd [2022] ATPR 42-775 (misleading or deceptive conduct in relation to financial services) and ACCC v Smart Corp Pty Ltd (No 3) [2021] ATPR 42-735 (unfair contract terms).
- Competition Law (Ch 7) includes the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021 (Cth) and ACCC v B & K Holdings (Qld) Pty Ltd [2021] ATPR 42-723 (resale price maintenance).
- Consumer Credit (Ch 10) includes the Financial Sector Reform (Hayne Royal Commission Response Act 2020 (Cth).
- Insurance (Ch 11) includes the insured’s obligations under the new category of “consumer insurance contracts” and a new section on the construction of exclusion clauses in business interruption policies and COVID-19.
- Intellectual Property (Ch 16) includes the Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (Cth), along with Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents (2022) 403 ALR 625 (patentable subject-matter) and Calidad Pty Ltd v Seiko Epson Corp (2020) 94 ALJR 1044 (re-use of patented goods).
Supplementary e-Chapters can be accessed via the ProView app. The Australian Legal System (Ch E1) includes the new Legislation Interpretation Act 2021 (SA). Consent of Parties (Ch E7) includes Stubbings v Jams 2 Pty Ltd (2022) 96 ALJR 271 (unconscionable conduct). Corporations Law (Ch E14) incorporates the amendments made by the Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth).
Torts (Ch E15) includes Tapp v Australian Bushman’s Campdraft & Rodeo Assoc Ltd (2022) 96 ALJR 337 (breach of duty of care); Kozarov v Victoria (2022) 96 ALJR 405 (causation); Fairfax Media Publications Pty Ltd v Voller (2021) 95 ALJR 767 and Google LLC v Defteros (2022) 403 ALR 434 (defamation). Real Property and Native Title (Ch E16) includes Northern Land Council v Quall (2020) 271 CLR 394 (indigenous land use agreements). Employment Law (Ch E18) includes Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 96 ALJR 89 and ZG Operations Australia Pty Ltd v Jamsek (2022) 96 ALJR 144 (employees versus independent contractors).
