On 18 April, Martin Algie delivered a presentation to a gathering of experts and senior practitioners hosted by leading New Zealand law firm, Chapman Tripp.

In Issue 6 we reported two cases where local distributors were held liable for information provided by suppliers (see the Designer Direct and Emerald Ocean Distributors cases).

In Issue 4 we reported that the ACCC had instituted criminal proceedings against Paul and Michael Rana and their company, NuEra Wellness Centre Pty Ltd, for failing to co-operate during a recent Commission investigation into claims of a cancer cure.

In Issue 4 we reported that the ACCC was prosecuting Netti Atom for inducing retailers not to advertise Netti Atom bicycles on the internet at less than RRP.

On 6 December, Justice Gordon held that Telstra had breached the Trade Practices Act as a result of advertisements published by its dealers.

On 10 December, the Perth Federal Magistrates Court found that Etchguard had misled a franchisee with promises of a substantial turnover.

On 21 February, the Federal Court accepted consent orders from Wesfarmers Kleenheat Gas concerning price increases.

On 11 December, the Full Court in South Australia accepted that statements made by Specialty Equipment Company in various brochures such as "will out clean any comparative unit" and "does an unbelievable job of cleaning" were puffery and therefore not actionable.

On 17 January, the ACCC released an information sheet on environmental claims in its "Your consumer rights" series.

Martin Algie wrote an Opinion piece for The Australian Financial Review, discussing the difficulties for local distributors, particularly those who have a limited knowledge of the technicalities of the product they are importing.

Platinum Menswear avoided an ACCC rosecution by co-operating fully during the Commission's investigations and ensuring that false country of origin advertising will not be used in future.

The ACCC has issued proceedings against Ray's Outdoors for claims made to promote the opening of its Elizabeth Street store in Adelaide.

This follows a trend started earlier this year in the Jurlique case in which fines of $3.4 million were imposed.

On 1 April, Go Natural provided undertakings to the ACCC to rename its yoghurt coated products, despite having sold them in the same manner since 1997.

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court against Mobileworld Operating Pty Ltd (trading as Crazy John's) for alleged contraventions of the Trade Practices Act 1974 in relation to the promotion of certain of its mobile phone plans

A person does not have a caveatable interest unless he or she holds an instrument that may lead to an entry as registered proprietor of the property on the Register of Titles or unless he or she is claiming under a transaction that entitles him or her in the course of time to such an instrument.

A plaintiff who was between contracts with Victoria University was held to be an "employee" allowing him to claim statutory benefits for a heart condition.

On 12 November, the Australian Parliament passed the Trade Practices Amendment (Clarity in Pricing) Bill 2008.

On 25 November 2008, the Court of Appeal determined, in a decision of Smorgon Steel Tube Mills P/L v Majkic, that when considering whether a worker has lost 40% of his work capacity, when comparing without injury earnings with actual earnings or earning capacity, both actual earnings and earning capacity need to be in 'suitable employment'.

Many advertisers treat "conditions apply" as a magical incantation. I have known some to include these words in an advertisement, believing that they are then covered for all manner of exclusions.