Recent Cases

Karpik v Carnival plc [2023] HCA 39 (06 December 2023) (Gageler CJ; Gordon, Edelman, Gleeson and Jagot JJ)


Catchwords:


Trade practices – Consumer protection – Extraterritorial application of s 23 of Australian Consumer Law (“ACL”) – Where company carrying on business in Australia selling and marketing cruises – Where contract of passage made outside Australia – Where contract was contract of adhesion incorporating set terms and conditions – Where terms and conditions included exclusive jurisdiction clause and class action waiver clause – Whether s 5(1)(g) of Competition and Consumer Act 2010 (Cth) extended application of s 23 of ACL to contract – Whether any additional territorial connection required – Whether class action waiver clause constituted unfair term under s 23 of ACL and void.

Representative actions – Whether class action waiver clause contrary to Pt IVA of Federal Court of Australia Act 1976 (Cth) – Whether class action waiver clause unenforceable.

Private international law – Forum – Exclusive jurisdiction clause – Whether strong reasons not to grant stay of proceedings.

Words and phrases – “carrying on business”, “consumer contract”, “detriment”, “engaging in conduct”, “exclusive jurisdiction clause”, “extraterritoriality”, “inappropriate forum”, “legitimate interests”, “representative proceedings”, “significant imbalance”, “standard form contract”, “stay of claim”, “transparent”, “unfair”.