Fishing Enthusiasts! Come and find Nemo in Wye River. We have tagged and released a fish called ‘Nemo’ in Wye River. Whosoever finds ‘Nemo’ is entitled to $5,000 in prize money. Finding Nemo Pty Ltd’s website has instructions on how to claim prize money after finding ‘Nemo’. What are you waiting for? Come one, come all and make it a special ‘Good Friday’ event for yourself, your family and for the community.’
Wye River is usually frequented by many interstate and local visitors on Good Friday each year. Rachel, from central Melbourne, reads the advertisement and thinks that it will be great to join the Good Friday festivities and do a bit of fishing for fun.
On the eve of Good Friday, Rachel organises a fishing camp beside Wye River along with her work colleagues. Later in the day, Rachel’s friend ‘Wacko’ finds ‘Nemo’.
Finding Nemo Pty Ltd’s employee Clive, on duty at the fishing site, confirms that Wacko has caught the correct the correct fish ‘Nemo’, which was tagged and released into the river by him. After the confirmation, the fish is released back into the river.
Clive advises that Wacko has to fill in the appropriate form to get her prize money. He, however, advises Wacko that there was a mistake in the advertisement and that the correct prize money for finding ‘Nemo’ is $500 not $5,000 as previously has been advertised. Wacko is slightly irritated by Clive’s comment.
Upon returning back to Central Melbourne, Wacko claims $5,000 in prize money as per the advertisement by Finding Nemo Pty Ltd in the local newspaper.
In the meantime, at the end of May 2020, Ankit, a fishing enthusiast (who lives in Wye River), finds ‘Nemo’. Ankit is unaware of the prize money and the advertisement. He, however, is informed by his friend Lucy that there is a $5,000 prize money on finding ‘Nemo’.
QUESTION 3
Does Wacko have any rights under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2)? Discuss any applicable legislative provisions and relevant case law. What remedies can Rachel obtain under the Australian Consumer law