Is discriminatory pricing illegal? Should it be? Every lawyer can complete the question ‘is it legal if…’ with an anecdote that could find its place in a deck of Cards Against Humanity. On occasions, however, a question comes along that, because of its obscurity or significance, worms its way into the lawyer’s mind where it [...]
THE RECENT CASE OF CASDAR PTY LTD V JOSEPH FANOUS[1] reminds us of the hazards of non-binding and informal agreements. In that case, a Landlord, relying on a signed Heads of Agreement as the source of his rights, sought damages against a tenant. The court dismissed the claim on the basis that the Heads of [...]
Per the Competition and Consumer Act 2010 (the CCA), a surcharge on card payments must not exceed the actual cost of processing the fee. The ACCC made this blatantly clear in November last year when it fined Red Balloon, the corporate gift agency founded by Shark Tank’s Naomi Simson, $43,200 for exceeding the caps set [...]
