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ARTICLE · 17 APRIL 2019

Important ACL lessons in Landmark court case

Among other findings, Landmark's conduct was found to be misleading and deceptive or likely to mislead or deceive.

AustraliaConsumer Protection

At the end of last year there were a number of news reports about the claim brought by one by the Australian Competition & Consumer Commission against Landmark (trading as Seednet) in the Federal Court.

The ACCC issued the proceedings based on actions taken by Landmark between September 2014 and December 2016. The ACCC alleged that during this time, Landmark made inaccurate representations about Compass barley's resistance to leaf rust and straw strength in a fact sheed it produced.

Despite knowing the assertions were incorrect, Landmark failed to correct the statements. Among other findings, Landmark's conduct was found by the court to be misleading and deceptive or likely to mislead or deceive. As a result of Landmark's breaches, the court imposed sanctions, including a fine of $1 million. 

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