In recent years, the Australian Competition and Consumer Commission (ACCC) has cracked down on misleading advertising claims made by drug companies. These efforts align with a community expectation that over-the-counter (OTC) medicines are accurately represented. As … Continued
The so called ‘IP exemption’ (section 51(3) of the Competition and Consumer Act 2010 (CCA)) has historically provided a carve out for IP rights holders for agreements and arrangements which would otherwise breach certain restrictive … Continued
A couple of recent cases have thrown up a quite puzzling question in a fundamental area of clinical governance and hospital administration: the legal nature of the relationship between a private hospital and its accredited … Continued
A great summer read, the 2016 in Review details the important decisions of 2016 and their impact on employment policies and practices. Click here to download.
Each adult in Australia is presumed to have capacity to exercise their right of self-determination and give or withhold consent to medical treatment unless this presumption is rebutted. Once consent to certain treatment is given, … Continued
Last month, the Federal Court handed down its penalty decision in the proceedings commenced by the Australian Competition and Consumer Commission (ACCC) against Reckitt Benckiser, the manufacturer of Nurofen-branded products. In ordering Reckitt Benckiser to … Continued
The ongoing proceedings between the Australian Competition and Consumer Commission (ACCC) and Reckitt Benckiser, the manufacturer of Nurofen-branded products, has taken an interesting turn. Last month, after successfully securing a consent judgment against Reckitt Benckiser … Continued
Earlier this week, the Federal Court of Australia found the promotion by Reckitt Benckiser of its popular Nurofen branded products as treatments for specific ailments, such as migraines, tension headaches, period and back pain was … Continued
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