Karpik v Carnival plc

Trade practices – Consumer protection – Extraterritorial application of s 23 of Australian Consumer Law ("ACL") – Where company carrying on business in Australia selling and marketing cruises – Where contract of passage made outside Australia – Where contract was contract of adhesion incorporating set terms and conditions – Where terms and conditions included exclusive jurisdiction clause and class action waiver clause – Whether s 5(1)(g) of Competition and Consumer Act 2010 (Cth) extended application of s 23 of ACL to contract – Whether any additional territorial connection required – Whether class action waiver clause constituted unfair term under s 23 of ACL and void.

Representative actions – Whether class action waiver clause contrary to Pt IVA of Federal Court of Australia Act 1976 (Cth) – Whether class action waiver clause unenforceable.

Private international law – Forum – Exclusive jurisdiction clause – Whether strong reasons not to grant stay of proceedings.

Words and phrases – "carrying on business", "consumer contract", "detriment", "engaging in conduct", "exclusive jurisdiction clause", "extraterritoriality", "inappropriate forum", "legitimate interests", "representative proceedings", "significant imbalance", "standard form contract", "stay of claim", "transparent", "unfair".

Competition and Consumer Act 2010 (Cth) – s 5(1)(c) and (g).

Competition and Consumer Act 2010 (Cth) – Sch 2 (Australian Consumer Law), s 23.

Federal Court of Australia Act 1976 (Cth) – Pt IVA, ss 33J, 33X, 33Y.