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Re: Class Action Against Diamond Resorts? (by Justin S.):
Thanks. I am not Canadian, but Australian. My family are Canadians, but I am the owner. Timeshare here is regulated under the Managed Investments Act as well as the Australian Consumer Law and the Australian Finacial Services regime. One usually requires a license, but there are some exemptions given. But ASIC also run the corporate regime that requires foreign businesses to register. DRI has no registration in Australia, and yet, they meet the definition of 'doing business' in Australia according to the ACL. Now, whilst Google, Apple and others may have some defense in their technical products crossing borders, Diamond are dealing with 'real property, having association (ie being located) in Australia. They will most likely argue that they are only settling contracts ie purchasing, but the reality is that they are actually transacting and making profits from real property (ie including hotels and hotel accommodation) in Australia. I plan to investigate the rules in many other jurisdictions, and I already have the airfares and accommodations booked to do this over the next 12-15 months. I will join your Facebook page now. Thanks.