Recent Cases

Carnival plc v Karpik (The Ruby Princess) [2022] FCAFC 149 (02 September 2022) (Allsop CJ, Rares and Derrington JJ)


Catchwords:


CONTRACTS – contract formation – nature of agency relationship – extent of agent’s authority – imputation of agent’s knowledge – incorporation of terms – relevance of so-called ticket cases – offer and acceptance – whether there was reasonable notice of terms of contract of passage including the exclusive jurisdiction clause – whether exclusive jurisdiction clause was onerous or unusual

CONSUMER LAW – whether exclusive jurisdiction clause or class action waiver clause are unfair terms within the meaning of s 23 of the Australian Consumer Law – extraterritorial application of s 23 – whether s 23 is a mandatory law of the forum

REPRESENTATIVE PROCEEDINGS – whether class action waiver clause unenforceable – whether class action waiver clause is contrary to Pt IVA of the Federal Court of Australia Act 1976 (Cth)

PRIVATE INTERNATIONAL LAW – enforcement of exclusive jurisdiction clause – whether class action waiver clause is contrary to public policy – whether there are any discretionary reasons to grant a stay of the proceedings