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Joel Gibson

๐Ÿ‘ค Speaker
75 total appearances

Appearances Over Time

Podcast Appearances

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

And so both individually and together, I think we could potentially see record fines here under Australian consumer law.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

The penalties are really significant, the maximum penalties.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

For each breach...

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

They can be fined $50 million.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

Now, that's for each breach.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

And remember, in this case, they looked at 14 different cases, different products, examples.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

13 out of 14 were found to be misleading by the judge.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

So almost every single one.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

And the one that wasn't, I'll talk about that in a minute because it's quite a quirky example.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

But

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

13 out of 14 were considered breaches.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

And according to some legal experts, it may be that every time they advertised those products, that was a separate breach.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

So we're talking about potentially $50 million per breach or, and there's quite a complicated sort of schedule for the fines here, or three times the benefit obtained by the business.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

or 30% of the turnover during the breach period, whichever of those three is the greater.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

Now, it won't be the maximum fine.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

So we won't see for every single breach that maximum penalty.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

There'll be some negotiation now between the ACCC and Coles over what the penalties should be.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

If they can agree on that, they'll take those to the court and the court will rather stamp them.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

If they can't agree, well, then the court will make its own decision.

The Briefing
Coles misled customers + Aussie hantavirus passengers to fly home

But I would not be surprised to see in the hundreds of millions of dollars these fines.