On 4 Novem­ber 2010, the Fed­er­al Court ordered two restau­rants to pay penal­ties of $13,200 each for breach­ing the law requir­ing a sin­gle, all-inclu­sive price to be clear­ly stat­ed to con­sumers. This fol­lows the intro­duc­tion ear­li­er this year of new laws under the Trade Prac­tices Act (which from next year will be known as the Com­pe­ti­tion and Con­sumer Act 2010), requir­ing all busi­ness­es to state a sin­gle price for any goods or ser­vices that are offered. 

The orders were made by con­sent after the Aus­tralian Com­pe­ti­tion and Con­sumer Com­mis­sion (ACCC) took action against Hel­mos Enter­pris­es (NSW) Pty Ltd, trad­ing as Georges Bar and Grill, and Gourmet Goody’s Fam­i­ly Restau­rant Pty Ltd, trad­ing as Steer­sons Steakhouse. 

The ACCC alleged that the menus failed to tell cus­tomers the full price they would pay on a Sun­day or a pub­lic hol­i­day, rely­ing instead on a qual­i­fi­ca­tion indi­cat­ing the appli­ca­tion of a per­cent­age sur­charge. To know the true charge on those days, cus­tomers had to add the sur­charge to the price list­ed on the menu. The menus there­fore failed to state the sin­gle price of each item accu­rate­ly, as required by the new laws. 

This is the first time that the court has ordered civ­il penal­ties under the new laws. It fol­lows the ACC­C’s first use of Infringe­ment Notices under new pro­vi­sions of the law ear­li­er this year. For fur­ther infor­ma­tion about the new laws, please see our ear­li­er arti­cle New pric­ing in adver­tis­ing laws.

Ear­li­er this year the ACCC sur­veyed a num­ber of caf and restau­rants and found that a num­ber of menus did not com­ply with this sec­tion of the law. Infringe­ment Notices were issued to those estab­lish­ments that did not cor­rect their menus after an ACCC warn­ing. Pro­ceed­ings were insti­tut­ed against traders that did not pay the Infringe­ment Notice penal­ty of $6,600.

The ACCC will con­tin­ue to be very active in this area and all busi­ness­es need to be aware of their oblig­a­tions in rela­tion to pric­ing in order to avoid scruti­ny from the reg­u­la­tor, which will con­tin­ue to look for infringe­ments that it can use as an exam­ple to the mar­ket as a whole.

For fur­ther infor­ma­tion or advice in rela­tion to these issues please con­tact our Com­mer­cial and IP & Tech­nol­o­gy Team.

If you would like to repub­lish this arti­cle, it is gen­er­al­ly approved, but pri­or to doing so please con­tact the Mar­ket­ing team at marketing@​swaab.​com.​au. This arti­cle is not legal advice and the views and com­ments are of a gen­er­al nature only. This arti­cle is not to be relied upon in sub­sti­tu­tion for detailed legal advice.

Publications

Land­lords Beware: New Tobac­co Laws Could Mean Heavy Fines and Even Gaol Time

How Do New Tobac­co Laws Affect Land­lords in NSW?This year the NSW State Gov­ern­ment is crack­ing down on the sale of…

When is entry into a lot with­out the lot own­er’s con­sent per­mit­ted to car­ry out repair work to com­mon prop­er­ty? When there is an emergency

When is entry into a lot with­out the lot own­er’s con­sent per­mit­ted to car­ry out repair work to com­mon prop­er­ty? When…

A Short Sto­ry about Bullying

In the recent Fair Work Com­mis­sion deci­sion of Appli­ca­tion by Gary Whitham [2026] FWC 3322, Deputy Pres­i­dent Col­man gave short…

In the News

Michael Byrnes appeared on the Media Bub­ble pod­cast episode, Big Events, Big Ads, Big Atten­tion”, to dis­cuss the court pro­ceed­ings between Karl Ste­fanovic and his busi­ness part­ner and the lat­est on the Jack­ie O’ Hen­der­son v ARN case, on 17 Sept 2026

This dis­cus­sion exam­ines the NSW Supreme Court pro­ceed­ings between Ste­fanovic and his for­mer pod­cast busi­ness part­ner, Kesh­nee IbrahimMichael Byrnes appeared on…

Con­grat­u­la­tions Angela Har­vey for being recog­nised in 2026 Doyle’s Guide Rankings

We’re proud to announce that Angela Har­vey has been recog­nised in the 2026 Doyle’s Guide as a:Rec­om­mend­ed Lead­ing Suc­ces­sion Plan­ning Lawyer…

Michael Byrnes appeared on the ABC Radio Nation­al Law Report episode, The rapid rise of AI use in employ­ment law dis­putes”, on 15 Sep­tem­ber 2026.

What are the con­cerns over the rapid rise in the use of AI by self-rep­re­sent­ed lit­i­gants in employ­ment law disputes.Michael Byrnes…

Sign up for our Newsletter

*Mandatory information