Ardor Legal | ACCC Initiates Court Action Against Qantas: Allegations of Misleading Conduct

In a recent case that is sure to cause angst in the aviation industry, the Australian Competition and Consumer Commission (ACCC) has commenced legal proceedings against Qantas Airways. The ACCC alleges that Qantas engaged in misleading advertising practices by promoting flights that it had already cancelled, leaving passengers in the lurch. This action by the ACCC prompts inquiries into corporate responsibilities and the protection of consumer rights under Australian Consumer Laws.

The Allegations

The claim against Qantas relates to allegations that it persistently marketed and sold tickets for flights it was fully aware would never materialise. This resulted in passengers purchasing tickets for flights that essentially did not exist, causing them significant financial loss and distress.

The ACCC further alleges that Qantas did not promptly notify customers about flight cancellations. It is claims that the airline neglected to inform customers about the cancellation of their flights for an average duration of 18 days, and in certain cases up to 48 hours.

Qantas’ Response

In an official statement published on September 4, 2023, Qantas stated:

“The period of time that the ACCC’s claims relate to, in mid-2022, was one of well-publicised upheaval and uncertainty across the aviation industry, as Qantas struggled to restart post-COVID. We openly acknowledge that our service standards fell well short and we sincerely apologise.”

Qantas has indicated it will continue to review the complaint made by the ACCC and cooperate with the investigations. In the interim, the airline has removed the expiry date on covid credits in line with the ACCC’s recommendation.

Consumer Rights

This case serves as a reminder of the importance of consumer rights and the role of regulatory bodies like the ACCC in upholding them. It also serves as a strong reminder for corporations to avoid false, misleading and deceptive practices.

A Warning to Businesses

The ACCC’s decision to pursue court action against Qantas sends a clear message to businesses across Australia: misleading advertising practices will not be tolerated. This case serves as a stark warning to companies in all industries that the promotion of products or services under false pretences can have severe consequences.

Precedent Penalties

ACCC Chair Gina Cass-Gottlieb has said to the media:

“The ACCC is on a path of wanting to substantially increase the penalties that large corporations in relation to serious misconduct pay for failing consumers. So, this is going to be an important test for us.”

Should the ACCC succeed in its court action against Qantas, it will set a precedent for businesses to ensure the utmost transparency in their advertising efforts or face staggering penalties.

Consumer Trust

Consumer trust is a fragile asset, easily eroded by misleading advertising. The ACCC’s actions emphasise the importance of maintaining trust by providing accurate and honest information to consumers. Businesses that prioritise transparency and consumer satisfaction will not only avoid legal troubles but also enhance their long-term reputation and customer loyalty.


As the court action between the ACCC and Qantas unfolds, it is clear that this case has far-reaching implications for both the airline industry and consumer rights in Australia. The outcome will not only determine the future of Qantas but also set a precedent for how businesses handle advertising and passenger relations during times of crisis. For businesses at large, this case serves as a stark warning to prioritise ethical advertising practices and consumer trust.

If you have questions or concerns about your advertising practices, contact Ardor Legal for guidance on (07) 3161 2847 or