CONSUMER LAW – Consumer guarantee provisions misleading or deceptive conduct – representations about the existence, exclusion or effect of a guarantee, right or remedy – admitted contraventions – agreed orders – whether orders appropriate – whether civil penalty within appropriate range – compliance program.
K-Generation Pty Limited v Liquor Licensing Court [2009] HCA 4 (2 February 2009)
Constitutional law (Cth) – Chapter III – Judicial power – Vesting of federal jurisdiction in State courts – Whether Licensing Court of South Australia a "court of a State" within meaning of s 77(iii) of Constitution – Whether Licensing Court invested with federal jurisdiction by s 39(2) of Judiciary Act 1903 (Cth) ("Judiciary Act") – Integrity of State courts – Requirement of impartiality and independence for repository of federal jurisdiction – Statutes – Interpretation – "Criminal intelligence" defined to include information which "could reasonably be expected" to prejudice criminal investigations.