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The Court of Appeal's most recent re-examination of the "fettering" doctrine is a useful exploration of the issue which will be of interest to anyone who contracts with government. In Searle v Commonwealth of Australia [2019] NSWCA 127, the NSW Court of Appeal revisited the legal doctrine against "fettering", which applies specifically to contracts entered into by government.
A foreign company operating mainly outside Australia can be engaging in conduct in Australia or carrying on business in Australia, and the Australian Consumer Law can apply to its activities with Australian consumers. Many international businesses might be based in one jurisdiction, but sell all over the world. At what point do they become liable to comply with overseas consumer law?
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