Consumer Case Law Update: 1 May 2012

The Federal Court has handed down its judgment in ACCC v Energy Watch Pty Ltd [2012] FCA 425 (30 April 2012) a case dealing with misleading and deceptive conduct with respect to electrical energy broking services, following is a catchword summary:

In a consumer law matter it was claimed successfully by ACC that Energy Watch Pty Ltd had engaged in an advertising campaign that was misleading and deceptive conductwhich breached the Australian Consumer Law (Cth) ss 18(1), 29(1)(g), 34. At issue was whether the representations were made and whether the representations were false, misleading or deceptive. Most importantly whether the qualifying information was sufficiently clear and prominent so as not to mislead.

The following legislation was refered to:

• Competition and Consumer Act 2010 (Cth) Schedule 2 ss 18(1), 29(1)(g), 34

• Trade Practices Act 1974 (Cth) ss 52, 53(c), 55A

• Evidence Act 1995 (Cth) s 140

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