Beware the Long Arm of the Australian Consumer Law: Karpik v Carnival Plc [2023] HCA 39

Abstract

A case note on a 2023 HCA judgment involving cruise ship passenger on Australian cruise on COVID-19 affected voyage. HCA considered the extra-territorial application of pt 2-3 Australian Consumer Law, whether a class action waiver clause was unfair according to pt 2-3, and whether a stay should be issued in the face of a foreign exclusive jurisdiction clause.