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
The Oaths and Affirmations Act 2018 (Vic) (the Act) will commence on 1 March 2019. The Act consolidates the laws in Victoria relating to oaths, affirmations, affidavits and statutory declarations and establishes a scheme for … Continued
Background If any clear theme emerges from a review of the Australian Competition and Consumer Commission’s (ACCC) enforcement activity in 2018, it would have to be ‘penalties’ with the ACCC successfully pushing the boundaries on … Continued
Recent decisions by the Australian Competition and Consumer Commission and the Federal Court of Appeal have demonstrated that it can be a fine line between branding and product claims: with a wrong step amounting to … Continued
Background In March 2018, the Senate referred an inquiry (Inquiry) into the operation and effectiveness of the Franchising Code of Conduct (Code) to the Parliamentary Joint Committee on Corporations and Financial Services (Committee). Since 5 … Continued
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