Australian Competition and Consumer Commission v A Whistle (1979) Pty Ltd
The Australian Competition and Consumer Commission (ACCC) has reinforced its stance against the publication of false testimonies and reviews online instituting proceedings against A Whistle (1979) Pty...
View ArticleMisleading and deceptive conduct in business dealings
Business dealings between two or more parties often involve statements or representations during negotiations prior to reaching a concluded bargain. This article considers some case examples of conduct...
View ArticleThe risks of ‘manufactured’ business testimonials: a lesson from the ACCC
On 18 December 2015, the Federal Court handed down an order for relief based on a case initiated by the ACCC in July 2014. The order imposed penalties on A Whistle & Co Pty Ltd (the Respondent)...
View ArticleAre software developers liable for defects in their software?
The question of whether software developers are (or ought to be) legally liable for bugs, errors, security vulnerabilities, or other defects in the software which they develop, and the extent to which...
View ArticleThe legal obligation for Australian businesses to provide refunds
In Australia, the main piece of legislation governing the supply of goods and services is the Competition and Consumer Act 2010 (Cth) (CCA), which incorporates the Australian Consumer Law (ACL) in...
View ArticleResale price maintenance
Businesses (Suppliers) that sell their goods via distribution networks (Distributors), who in turn sell them to third party consumers need to take care to ensure that they do not engage in conduct...
View ArticleWorkplace Bullying by a Body Corporate
Section 789FA of the Fair Work Act 2009 (the FWA) enables a worker who has been bullied at work to apply to the Fair Work Commission (FWC) for an order to stop the bullying. For the purposes of the...
View ArticleRisks of making financial forecasts
When a business is seeking to raise capital or advertise as being for sale financial forecasts are often made in a way so as to appeal to the target audience – investors or potential buyers. In some...
View ArticleChanges to monetary threshold for consumer contracts
For businesses that provide goods or services to non-consumers, the recent Treasury Laws Amendment (Acquisition as Consumer – Financial Thresholds) Regulations 2020 (Amendment) has the effect of...
View ArticleTortious interference with contract – what must be proven?
Unlawful interference with contractual relations (Interference) is a tort that allows damages to be claimed against a Defendant who has induced or procured a third party to breach their contractual...
View ArticleUse of competitors trademarks for comparative advertising
Comparative advertising is a popular way to win market share by promoting superiority of a product or a service over a competitor. Businesses often use comparative advertisement as a direct challenge...
View ArticleEmploysure’s Google ads found to have mislead businesses
The Full Federal Court, in the case of Australian Competition and Consumer Commission v Employsure Pty Ltd [2021] FCAFC 142, unanimously upheld the appeal by the ACCC regarding a number of Google Ads,...
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