Joel Gibson
๐ค SpeakerAppearances Over Time
Podcast Appearances
And so both individually and together, I think we could potentially see record fines here under Australian consumer law.
The penalties are really significant, the maximum penalties.
For each breach...
They can be fined $50 million.
Now, that's for each breach.
And remember, in this case, they looked at 14 different cases, different products, examples.
13 out of 14 were found to be misleading by the judge.
So almost every single one.
And the one that wasn't, I'll talk about that in a minute because it's quite a quirky example.
But
13 out of 14 were considered breaches.
And according to some legal experts, it may be that every time they advertised those products, that was a separate breach.
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.
or 30% of the turnover during the breach period, whichever of those three is the greater.
Now, it won't be the maximum fine.
So we won't see for every single breach that maximum penalty.
There'll be some negotiation now between the ACCC and Coles over what the penalties should be.
If they can agree on that, they'll take those to the court and the court will rather stamp them.
If they can't agree, well, then the court will make its own decision.
But I would not be surprised to see in the hundreds of millions of dollars these fines.