Preview: The Extraterritorial Reach of Unfair Contract Terms Law with James Paterson and Nunzio Lucarelli KC
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The successful class action by passengers of the Covid-19 infected Ruby Princess cruise ship sent an important warning to business across the globe that any business conducted in Australia will attract the operation of the unfair contract terms law regardless of the domicile of the ultimate operator of the business. Nunzio Lucarelli KC (Barrister, Green’s List, Melbourne) and James Paterson (Barrister, Dever’s List, Melbourne) discuss the High Court case of Karpik v Carnival plc [2023] HCA 39.
Discussion Includes:
- The class action
- Facts of the case
- Unfair contract terms law
- Key provisions
- Exempted terms and contracts
- Enforceability of the contract
- Extraterritorial operation of unfair contract terms law
- Relief for contravening unfair contract terms law
- Pecuniary penalties
Presenter Profiles
James Paterson Nunzio Lucarelli KC
BIBLIOGRAPHY
Cases
- Karpik v Carnival plc [2023] HCA 39
- AIBI Holdings Pty Ltd v Virtual Technology Services Pty Ltd [2022] FCA 696
- Australian Competition and Consumer Commission v CLA Trading Pty Ltd [2016] FCA 377
- Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 71
- Paciocco v Australia and New Zealand Banking Group Limited [2015] FCAFC 50
Legislation
- Australian Securities and Investments Commission Act 2001 (Cth)
- Competition and Consumer Act 2010 (Cth) sch 2 (Australian Consumer Law)