Roger Maier v Asos Plc

Roger Maier (the applicant) brought proceedings against Asos Plc (the respondent) in the Federal Court of Australia. The dispute concerned the applicant's claim for compensation for alleged discrimination under the *Age Discrimination Act 2004* (Cth) and the *Australian Consumer Law* (ACL). The applicant alleged that Asos had engaged in unlawful age discrimination by offering a discount to younger customers that was not available to him, and that this conduct also constituted misleading or deceptive conduct under the ACL.

The primary legal issues before the Court were whether the respondent's conduct in offering a discount to a specific age group constituted unlawful age discrimination under the *Age Discrimination Act 2004* (Cth), and whether this conduct also amounted to misleading or deceptive conduct in trade or commerce under the *Australian Consumer Law*. The Court was required to determine if the discount policy created a distinction based on age that was not a genuine occupational requirement or otherwise permitted by the Act, and if the representation of the discount was likely to mislead or deceive consumers.

Her Honour Deirdre O’Brien found that the respondent's discount policy, which offered a discount to individuals aged 16 to 26, did not contravene the *Age Discrimination Act 2004* (Cth). The Court reasoned that the Act permits differential treatment based on age in certain circumstances, and that the respondent's policy was not discriminatory in the manner alleged by the applicant. Furthermore, the Court determined that the discount offer did not constitute misleading or deceptive conduct under the *Australian Consumer Law*, as it was a clear offer to a defined group and not likely to mislead the general public. The Court therefore dismissed the applicant's claims.