Simon, who is a regular customer of the city store loves a meat pie and regularly has one for lunch. One day Simon is out having his regular lunchtime walk and comes across his regular bakery advertising a brand new pie. The advertisement in the window claims that this new pie is made from 100% prime cut wagyu chunks not mince. As would be expected this pie comes with a very high price tag of $12.50. The advertisement goes on to claim that if this is not the best pie ever, they will refund the purchase price of $12.50.

Simon who is very hungry cannot believe his luck at the discovery as he has always wanted to try a wagyu pie purchases two (2) pies.  He plans to have one for his lunch and then consume the second pie for his dinner.  Unfortunately for Simon his afternoon became very busy and he did not have time for lunch.  Unperturbed, Simon decides that he will have both pies for his dinner.  This plan he decides is much better than having to quickly eat the pie at work, he can relax and take his time and enjoy the pie with a nice glass of wine.

Once home Simon heats his pies sets the dinner table and sits down ready to enjoy the pie.  Simon bites into his pie and discovers that it is made of mincemeat not chunks of meat and tastes very much like lamb not beef.  It is certainly not wagyu.

Simon wants to bring an action against the bakery for misleading and deceptive conduct.

Your manager Tony approaches you seeking advice.  Not only is he concerned about Simon but also the possibility that other customers may bring a similar action.  Specifically, Tony wants you to prepare a memorandum of advice that addresses the following:

1. Does Simon have a contract with Fancy Bakery?; and
2. What rights if any does Simon have under the Australian Consumer Law?