Instruction to students: This is a group assignment.



Answering the questions

1. As already explained, the questions you are required to answer are designed to enable you to express your 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 is not possible to answer the questions simply by locating the relevant paragraphs in the judgment and copying them into your answer. Turnitin detects this.

2. While it is not compulsory, I encourage you to express answers to each question in either numbered or bullet point form rather than long paragraphs.  This means that students whose English writing ability is not good will not be disadvantaged.

3. You must clearly identify, by a numbered sub-heading (ie, Question 1, Question 2 etc), the question you are answering but do not copy the question itself into your answer because that will cause a false “high similarity” score in Turnitin.

4. Word limit is about 1200.

5. Remember this is a group 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.

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 presented follow the above instructions and how accurately the cover sheet is completed.

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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 you have  read (although contained within it is a  summary of what the earlier courts decided).


There were three problems with TPG’s advertising which the ACCC considered to be misleading;  state briefly what those three were [3 marks]

Question 2

The ACCC alleged that TPG’s advertising contravened two STATUTORY provisions; what were those statutory provisions (ie, which sections of which Act) and what did the ACCC say about the advertisements which contravened each of those provisions [4  marks – 1 each  for identifying each of the two statutory provisions and 1 each for stating how the advertisements contravened that provision]

Question 3

What were the findings (conclusions) of the primary judge about each of the following aspects of the advertising?  In your answer, consider the matters suggested in italics [3 marks total 1 for each of the following]

  • bundling (who did the judge believe would be the “target audience” and what was it about the advertising which could mislead that audience?) [1 mark]
  • the set-up fee (in what way was the advertising capable of misleading consumers about this?) [1 mark]
  • single price (in what way was this aspect in breach of the statute?) [1 mark]

Question 4

The Full Court came to two important different conclusions from those of the primary judge when deciding whether the TPG advertising was misleading? What were those two different conclusions [2 marks]

Question 5

The High Court decided that the conclusions of the Full Court…………………

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