A recent decision in Australian Securities and Investments Commission v King & Anor  HCA 4, clarifies that duties and responsibilities under the Corporations Act 2001 (Cth) (Act) apply to those who have the capacity … Continued
A recent Sydney Morning Herald article on the employee underpayment scandals that have been troubling Australian businesses, highlights the care that needs to be taken when outsourcing key business functions. The article quotes Rob Scott … Continued
Rod Sims, Australian Competition & Consumer Commission (ACCC) Chairman, threw in some unexpected wild cards when launching the ACCC’s 2020 Compliance and Enforcement policy today. Identified as its ‘number one’ priority this year was the … Continued
Later this month, ACCC Chair Rod Sims will be announcing the enforcement priorities at the annual Centre for Economic Development lunchtime event. It’s historically a sell-out event, as CEOs, directors, managers and general counsel gather … Continued
In two recent decisions, the Federal Court has ruled against one of the ACCC’s favoured approaches when litigating manufacturers’ claims concerning the features of their products: namely, shifting the evidentiary burden of substantiating the manufacturer’s … Continued
Currently, there are two large national Royal Commissions conducting inquiries in Australia: • Royal Commission into Aged Care Quality and Safety • Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability. Over … Continued
Managing the performance of contracts in any business is often a legal minefield, particularly when a contractual counter-party is falling short of their obligations and consideration has to be given to terminating the contract (whether … Continued
Alternative Dispute Resolution (ADR) often provides greater flexibility, reduced costs and a more timely and amicable resolution to your problems. The many different forms of ADR can best utilised depending on your specific situation and the … Continued
Media companies, and operators of public Facebook pages generally, should exercise great care and diligence to vet, monitor, and control comments published on their public Facebook pages, as they may be liable as a primary … Continued
It is trite to say businesses must exercise caution when developing and implementing marketing campaigns for products in highly competitive markets. The dangers of being overly aggressive in marketing and media campaigns have recently been … Continued
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