Australian Consumer Law Tutorial Answers Essay - 1541 Words

QUESTION 1 Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the â€Å"Vietnamese Lunch Box† outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years. A representative for Studmaster told Mrs Tran that: †¢ â€Å"We believe the new rent is very reasonable and below the market value†; and †¢ â€Å"The rent is lower than the rental paid by other tenants in the Food Court† Both statements were incorrect. Studmaster gave Mrs Tran 7 days to agree to the lease†¦show more content†¦Law: †¢ Section 18 (â€Å"misleading or deceptive conduct†) †¢ Eveready Australia Pty Ltd v Gillette Australia Pty Ltd OR Taco Company of Aust Inc v Taco Bell Pty Ltd (â€Å"objective test†) †¢ Section 29(1)(k) (â€Å"false or misleading representation concerning the place of origin of the goods†) †¢ Netcomm (Aust) v Dataplex Pty Ltd (p 616 of textbook) Application: †¢ Explain what â€Å"place of origin† means with reference to the discussion at the bottom of p 615 top of p 616 of the textbook †¢ Explain why the label â€Å"product of australia† was misleading as to the place of origin of the jumpers. †¢ Apply the objective test to explain why the woollen jumpers were misleading under section 18. In particular identify the target market and why a reasonable person would be misled about the label â€Å"Product of Australia†. Issue: What are the remedies? Law: †¢ Section 232 (injunction); Section 246 (corrective advertising; management to undertake training); Section 151 (fine); Section 218 (court enforceable undertakings) Application: †¢ Explain that the remedies can be covered in court enforceable undertakings or ordered by the Court. †¢ Explain what an injunction and corrective advertising would do †¢ Explain the maximum penalty of a fine for WWM and why the ACCC can pursue a fine. 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