FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196
| File number(s): | NSD 886 of 2014 |
| Judgment of: | EDELMAN J |
| Date of judgment: | 24 March 2016 |
| Catchwords: | PRIVATE INTERNATIONAL LAW – Meaning of proper law of a contract – operation of "conflict of laws" clause in s 67(a) of Australian Consumer Law – whether Division 1, Part 3-2 (Chapter 3) of Australian Consumer Law applies to contracts where the real and closest connection is not the law of any part of Australia
CONSUMER LAW – meaning of "goods" in s 4(1) of the Australian Consumer Law – whether provision of computer software by contract involving a licence for provision of computer software is a supply of goods CONSUMER LAW – meaning of "conduct in Australia" in s 131(1) of the Competition and Consumer Act 2010 (Cth) – whether there is a requirement that representations be "directed" at Australians to be conduct in Australia – whether representations made on websites are "directed" CONSUMER LAW – meaning of "carry on business in Australia" is s 5(1)(g) of the Australian Consumer Law – whether respondent "carries on business in Australia" when it has 2.2 million Australian subscriber accounts, generates large Australian revenues, has valuable personal property in Australia, has business relationships in Australia, and incurs tens of thousands of dollars of monthly expenses in Australia CONSUMER LAW – representations in consumer agreements, in chat logs and on website – whether representations contravened s 18(1) or s 29(1)(m) of the Australian Consumer Law – misrepresentations contained within contractual terms – extent to which qualifications in the same or other contractual terms alter the otherwise misleading representation |
| Legislation: | Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) Sch 2; Div 1 of Pt 3-2; Chs |
