Each chapter in this 31st edition of Australian Commercial Law has been updated to incorporate the legislative amendments and case law developments since the last edition.
The more significant changes made in the new edition include the following:
The Contract chapters incorporate the High Court decisions in Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd (2016) on estoppel (Ch 5) and collateral contracts (Ch 9); Gnych v Polish Club Ltd (2015) concerning illegal contracts (Ch 8); and Paciocco v Australian and New Zealand Banking Group Ltd (2016) where late payment fees on credit cards were held not to constitute penalties (Ch 12).
Consumer Protection (Ch 17) includes the Competition and Consumer Amendment (Payment Surcharges) Act 2016 (Cth) which prohibits excessive credit card surcharges and the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth), which extends the unfair contracts provisions of the Australian Consumer Law to standard form small business contracts. Case law includes the decisions of the Federal Court in Australian Competition and Consumer Commission v Chrisco Hampers Australia Pty Ltd (2015) on unfair contract terms and Australian Competition and Consumer Commission v Reebok Australia Pty Ltd (2015) concerning false or misleading representations about the performance characteristics, benefits or uses of goods.