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Tutorial Route Map, Week 7

The document outlines the topics and cases to be discussed in a Week 7 tutorial, focusing on misleading or deceptive conduct under various sections of law. It includes comparisons of different editions of legal texts and poses questions regarding the interpretation and implications of these sections. Key cases such as ACCC v TPG and ACCC v Nurofen are highlighted for discussion on consumer perception and legal standards.

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8 views3 pages

Tutorial Route Map, Week 7

The document outlines the topics and cases to be discussed in a Week 7 tutorial, focusing on misleading or deceptive conduct under various sections of law. It includes comparisons of different editions of legal texts and poses questions regarding the interpretation and implications of these sections. Key cases such as ACCC v TPG and ACCC v Nurofen are highlighted for discussion on consumer perception and legal standards.

Uploaded by

pranav.bhasin.class12
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Week 7 Tutorial route map

Please focus on the following topics when preparing the tutorial:

Topic Seventh Edition Sixth Edition Fifth Edition

[13.70] to [13.180] [13.70] to [13.380]


Prohibition of misleading or deceptive & &
[13.70] to [13.490]
conduct [13.680] to [13.570] to
[13.690] [13.650]

[13.348] [13.340] to [13.330] to


The issue of fault and intention
[13.350] [13.340]

The conduct must be “in trade or [13.80]


[13.80] [13.80] to [13.90]
commerce”

The person must have “engaged” in [13.90] [13.100] to


[13.90]
conduct [13.130]

The person must have engaged in [13.110] [13.140] to


[13.120]
“conduct” [13.160]

Silence or non-disclosure [13.130]

[13.180] to [13.160] to
The conduct must be “misleading or [13.190] [13.380] &
deceptive” or “likely to mislead or [1.170] to [13.490]
deceive” [13.570] to
[13.650]

ACCC v Coles [13.240]

ACCC v TPG (2013) [13.250] [13.210] [13.200]

ACCC v Turi [13.260] [13.220] [13.210]

ACCC v Reckitt Benckiser [13.270] [13.230] [13.220]

ACCC v Thermomix [13.710] [13.580] [13.410]

ACCC v Heinz [13.730] [13.600] [13.440]

ACCC v Jetstar [13.740] [13.610] [13.450]

ACCC v Marksun Australia Pty Ltd [13.800] [13.650] [13.490]


Discussion

 What is the role of section 18 / What does section 18 protect?

 Main features of section 18 / Is fault relevant?

 Is the misleading conduct’s impact on the victim relevant under section 18?

 Section 18: “In trade or commerce”?

 What is the issue of passing information?

 Can silence amount to conduct?

 Section 18: remedies.

 Section 29: remedies.

 What is the meaning of misleading or deceptive conduct under section 18, and false or
misleading representations according to section 29?

ACCC v TPG (2013) – Sections 18 & 29(1)(i)


 What did TPG try to argue in relation to the target audience? / What did the court reply?
 What was the dominant message? / And the fine print?

ACCC v Nurofen – Sections 18 & 29(1)(a)


 What did the packaging represent? / What would a reasonable consumer assumer when
looking at the packaging?
 How were things in reality?
 Would an ordinary reasonable consumer be led into an error?

ACCC v Turi – Sections 18 & 29(1)(a)


 Dominant message?
 Was anything wrong with the composition of the eggs (as in Nurofen)? / What was the issue
then?

ACCC v Heinz– Sections 18 & 29(1)(g)


 Target audience?
 What was the dominant message of the package?
 Would an ordinary reasonable consumer be led into an error?

ACCC v Thermomix– Sections 18 & 29(1)(a) and (m)


 How many representations?
 Silence?
Tutorial problem

Introduction

 S. 18 and 29 (features, elements).

 Meaning of misleading or deceptive (s.18) and false or misleading (29) – conduct


that may lead a reasonable person into an error. (This definition may not appear in
the introduction, but it certainly needs to appear somewhere in the answer, if it is a
good answer.)

Body – misleading or deceptive? Why?

Representations Silence? Target Sections / Would a


audience / Case reasonable
Dominant consumer be
message led into error?
Body

Rep I

Rep II

Remedies

 Section 18
 Section 29

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