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Abstract

Extract:

This is the third in an occasional series on the impact of court decisions on the development of ADR. The first two casenotes were published in ADR 3(10) and 4(2).

This casenote refers to the Federal Court decision in ACCC v Lux Pty Ltd [2001] FCA 600 (24 May 2001), involving a vacuum cleaner, a zealous seller, a disabled purchaser and the corporate regulator. The most significant feature of this case is the way the Court dealt with the applicant’s argument that its public interest functions made it inappropriate for the ACCC to negotiate a settlement of the litigation.

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