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Contract and consumer law news | 2018

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Gift card20 September 2018 - Gift cards bill introduced

The Treasury Laws Amendment (Gift Cards) Bill 2018 was introduced and read for a first time in the House of Representatives today.

The new law, if passed, will require gift cards to have a minimum three year expiry period, will require disclosure of expiry information (prominently on the card) and will ban certain post-supply fees. The amendments will apply to gift cards supplied on or after 1 November 2019.

The laws will apply to gift cards even if they are 'financial products' which are otherwise excluded from the Australian Consumer Law.

The bill implements the reforms announced on 19 June 2018 by then Assistant Minister to the Treasurer, the Hon Michael Sukkar MP.

View Bills page.

View ComLaw page.

View Competition and Consumer Amendment (Gift Cards) Bill 2018 consultation page
(Consultation between 26 July 2018 - 9 August 2018)

View Gift Card Expiry Dates consultation
(Consultation between 2-30 May 2018)

Case icon19 September 2018 - Unconscionable conduct: Full Court upholds appeal by Unique College

The Full Federal Court has upheld an appeal by Unique International College Pty Ltd, finding that it did not engage in unconscionable conduct regarding the enrolments of volunerable consumers.

The Federal Court (Justice Perram) had previously found 'Unique had engaged in systemic unconscionable conduct in New South Wales by targeting disadvantaged consumers with offers of free laptops, providing financial incentives to its sales representatives, and hosting sign-up meetings to enrol students.' (ACCC media release, 19 Sept)

Unique did not appeal in relation to the Federal Court's findings that it engaged in misleading and deceptive conduct and unconscionable conduct in relation to five specific consumers.

Case icon19 September 2018 - Unconscionable and misleading conduct: Federal Court finds against training college

The Federal Court found a training college engaged in unconscionable and misleading conduct and made 'false or misleading representations when enrolling consumers into diploma courses: