GROUP ASSIGNMENT – CASE STUDY
Answering the questions
1?As already explained, the questions you are required to answer are designed to enable you toexpressyour own understanding of what the three courts separately determined.You are permitted to quote briefly (one or two short sentences if you consider they encapsulate a legal point) but it isnot possible to answer the questions simply by locating the relevant paragraphs in the judgment and copying them into your answer.Turnitindetects this.
2?While it is not compulsory,I encourage you toexpress answers to each question in either numbered or bullet point formrather than long paragraphs. This means that students whose English writing ability is not good will not be disadvantaged.
4?You must clearlyidentify, by anumberedsub-heading(ie, Question 1, Question 2 etc),the question you are answering butdo not copy the question itselfinto your answer because that will cause a false “high similarity” score inTurnitin
5?Word limit is about 1200.
6?Remember this is agroup assignment. All group members should contribute ideas, even if only one student writes the final answers for submission. Where the marker suspects that a student has not genuinely participated, that student may later be tested by being asked to respond to some oral questions about the court’s judgment.
Submitting your assignment
1The group leader must handone (only) hard copy to a tutorin week 10; it is not necessary for each group member to hand in a hard copy.
2DoNOT attempt to submit the assignment to reception at KOI Kent Street or Market Street; it will not be accepted.
3If all group members are in the same tutorial class the assignment should be given to that tutor.
4If group members are from more than one tutorial class you may choose to which tutor you submit your report; the tutor you hand it to will be the tutor who marks it. Tutors will not accept assignments to be passed on to other tutors.
5You must attach a cover sheet (in the form separately provided) stating the names, student numbers andthe tutorialcodein whicheach group member isenrolled. “BUS101” is NOT a tutorial code; it is a subject number. Tutorial codes are,for example, LA-T1, LB-T2, LC-T1,etc.If you are unsure of your tutorial code it will be on the list of classes given to you on enrolment in the subject. It is also on the printed timetable displayed on the wall near the lifts at Kent Street. If you are still in doubt, ask your tutor.
6All students must sign the cover sheet.
7The group leader must also uploadone electronic copy toTurnitin(so that plagiarism can be checked).
The questions to be answered
The case study is worth a total of 20 marks. 18 marks can be earned for the content (ie, correctness) of the answers to the questions asked [as shown in brackets after each question]. The remaining two marks will be awarded depending upon how well the answers which are presentedfollow the above instructions and how accurately the cover sheet is completed.
You should be aware from the judgment you have read that the following sequence occurred in the courts:•The ACCC brought proceedings against TPG•At the first hearing (before a single judge, called the “’primary” judge ACCC was largely successful.•TPC appealed to (what is called) the Full Court (three judges) and was largely successful in reversing the outcome before the primary judge•The ACCC appealed against that decision to the High Court of Australia. It is the decision of that court which youhave read (although contained within it is a summary of what the earlier courts decided).
There werethree problems with TPG’s advertising whichtheACCC considered to bemisleading; statebriefly what those three were[3 marks]
The ACCC alleged that TPG’s advertising contravenedtwoSTATUTORY provisions;what were those statutory provisions (ie,whichsectionsof whichAct) and whatdid the ACCC say about the advertisements which contravenedeach ofthose provisions[4 marks – 1 each for identifying each of the two statutory provisions and 1 each for stating how the advertisements contravened that provision]
What were the findings (conclusions) of the primary judge abouteach ofthe following aspects of the advertising? In your answer, consider the matters suggested in italics [3 marks total1 for each of the following]•bundling(who did the judge believe would be the “target audience” and what wasitabout the advertising which could mislead that audience?)[1mark]
•the set-up fee(in what way was the advertising capable of misleading consumers about this?)[1mark]
•single price(in what way was this aspect in breach of the statute?)[1 mark]
The Full Courtcame totwo importantdifferent conclusions from those of the primary judge whendeciding whether the TPG advertising was misleading? What were those two different conclusions[2marks]
The High Courtdecided that theconclusions of the Full Court were not correct. For whattworeasons did the High Courtdiffer from the Full Court’s reasoning?[2 marks]
The Full Court, in coming to its conclusions, applied as a precedent the ratiofrom an earlier case calledParkdale Custom Built Furniture vPuxu (“Puxu”). The High Court said that the Full Court should not have applied(ie, the Full Court should have “distinguished”)the principle inPuxuanditgavethree reasons for this. Briefly explainanytwo of the reasons the High CourtsaidmadethePuxu case different from the TPG advertising.[2 marks]
If you were employed in the marketing section of an internet service provider or a fitness centre which was about to launch an advertising campaign promoting an attractive “plan” for membership in which there were several “parts” (costs and benefits) to be taken into account by potential customers, what advice would you give about the form the advertising should take,based on your understanding of the High Court’s ruling inACCC vTPG?[2 marks]