Craven v Ready Flowers Pty Ltd

Mr Craven commenced proceedings in the Federal Magistrates Court of Australia against Ready Flowers Pty Ltd, alleging contraventions of consumer protection legislation. The applicant sought declarations that the first respondent had engaged in misleading or deceptive conduct and made false or misleading representations in contravention of provisions of the *Trade Practices Act 1974* (Cth) and the Australian Consumer Law, specifically section 18 of Schedule 2 of the *Competition and Consumer Act 2010* (Cth) and various sections of the *Trade Practices Act*. The applicant also alleged failures to honour guarantees relating to the supply of goods by description and customer satisfaction guarantees.

The court was required to determine whether Ready Flowers Pty Ltd had engaged in misleading or deceptive conduct, or made false or misleading representations, in relation to its business operations, including its website and advertising. Specifically, the court had to consider allegations concerning the accuracy of product descriptions, the existence of local florists, the timely delivery of flower arrangements, the provision of a customer satisfaction guarantee, representations made to supplier florists, and the application of GST. The applicant also sought declarations regarding the first respondent's liability for the alleged conduct and its jurisdiction to make the requested orders.

The court's reasoning, as evidenced by the applicant's amended application, focused on establishing that Ready Flowers Pty Ltd's conduct constituted misleading or deceptive conduct or false or misleading representations under the relevant legislative provisions. The applicant detailed numerous instances of alleged contraventions across various aspects of the respondent's business model, including its online presence and contractual dealings. The court was asked to declare that such conduct was an integral part of the respondent's business and to grant permanent injunctions restraining the respondent from continuing such conduct, alongside other orders requiring greater transparency and the payment of pecuniary penalties.