Comment by SturgeonsLaw

4 hours ago

Yep, check out Dallas Buyers Club v iiNet

Here's some commentary on it:

> Justice Perram discussed the idea of speculative invoicing within Australia

> Representing to a consumer that they have a liability which they do not may well be misleading and deceptive conduct within the meaning of s 18 of the Australian Consumer Law and it may be equally misleading to represent to someone that their potential liability is much higher than it could ever realistically be. There may also be something to be said for the idea that speculative invoicing might be a species of unconscionable conduct within one or other of s 21 of the Australian Consumer Law or s 12CB of the Australian Securities and Investments Commission Act 2001 (Cth).

> Further, even if speculative invoicing was deemed to be lawful within Australia, the damages that the individual may be liable to are often calculated differently to that of the United States. In Australia, damages are compensatory in nature, meaning to compensate the plaintiff for the loss suffered. One Intellectual Property Lawyer has been quoted as saying, ‘If a film costs $20, the damages would ordinarily be expected to be $20.’