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Published online by Cambridge University Press: 24 January 2025
1 [1978] T.P.R.S. 303.200.
2 (1977) 97 S.Ct. 2549; 1977-1 Trade Cases 71892.
3 Quadramain Pty Ltd v. Sevastapol lnvestments Pty Ltd (1976) 133 C.L.R. 390.
4 (1978) 53 A.L.J.R. 11.
5 [1978] 3 All E.R. 1196, 1200-08.
6 Donald, B. G. and Heydon, J. D., Trade Practices Law (1978) Vol. 1Google Scholar; reviewed in (1978) 9 F.L. Rev. 520.
7 From an item titled “Activist says 'Many Consumers too Stupid'”, Business Week (Australia) 11 November 1977, p. 11. Paradoxically, this kind of activist is invariably a strong believer in democracy, at least outwardly. It is difficult to see how he reconciles trusting the common man, as voter, to choose between national political parties, with the proposition that the common man, as consumer, is too stupid to choose between two packets of detergent. Yet over the past twenty years there has been a marked improvement in the quality and performance of washing powders, refrigerators, etc., but no improvement in the quality and performance of politicians. If the extreme consumerist's premises were correct, one would have expected the reverse. Compare Hanks and Re, “Consumer Protection”, in J. Nieuwenhuysen (ed.), Australian Trade Practices: Readings, (2nd ed., 1976) 224, 225-226.
8 I know of no other democratic society where the intellectual elite not merely has an accepted derogatory term for its perceived “inferiors”, but also openly uses it, even in print. Such Romanov disdain can only lead, sooner or later, to a massive, and costly, anti-intellectual populist backlash. There are some signs of this already.
9 Some of the many current demands for the “public accountability” of industry, commerce and the media may be viewed in this light-as attempts to take power away from the consumer and transfer it to the middle-class political intelligentsia. The intent of such demands is best inferred from their natural consequences. See generally Sieper, , Consumer Protection-Boon or Bane?, Centre for Independent Studies, Macquarie University, April 1978.Google Scholar
10 (1977) 16 A.LR. 181.
11 (1977) 8 Sydney Law Review 267.
12 G. G. Masterman and Solomon, E. L, Australian Trade Practices Law (1967) 337.Google Scholar