Statutory Consumer Guarantees: Lessons from Holden
Following the ACCC’s announcement on 26 July 2017 of proceedings against Ford, the ACCC issued a media release on 3 August 2017 announcing that it has accepted a court enforceable undertaking offered by Holden to address the ACCC’s concerns about Holden’s compliance with the Australian Consumer Law (ACL) and, in particular, the ACL’s consumer guarantees […]
ReadmoreGames of skill – not much to them, right?
Running your comp as a game of skill has many advantages, given that the gaming authorities don’t need to get involved. However, you may be surprised to know that there are a few things to consider (legally speaking) in planning and executing your skill comp successfully. To view full size article, click here.
ReadmoreTrade promotions update: when & where is a permit needed + permit fees
Here is an overview of 2017 permit requirements and fees, for chance trade promotions lotteries. For full size image click here.
ReadmoreStandard form business contracts
On 12 November 2016, section 23 of the Australian Consumer Law (ACL) was amended to provide protection for small businesses from “unfair” contract terms in business-to-business standard form contracts. This came as a result of the ACCC reviewing a number of standard form contracts involving small businesses and identifying a number of commonly-occurring problems in […]
ReadmoreLegal considerations when establishing e-commerce services
Under Australian Consumer Law (ACL) consumers have the benefit of certain statutory guarantees, you can’t exclude statutory consumer T&Cs but you can include wording to limit your business’ liability. Click here to view full size images.
ReadmoreAwarding football tickets
Are you sending any consumers, prize winners, staff or bloggers to football games this year? Read on for helpful reminders to ensure everyone has a ball, at any sporting event! To view full size image, click here.
ReadmoreACCC’s 2017 Enforcement Priorities – What to Expect
On 24 February 2017, the ACCC’s Chairman, Mr Rod Sims, launched the 2017 ACCC Compliance and Enforcement Policy and announced the ACCC’s enforcement priorities for 2017. It certainly looks like being a busy year for the ACCC, with enforcement activities foreshadowed in a number of areas. Set out below are the key areas identified in […]
ReadmoreBack-up winners
Here is an overview for drawing back-up winners in trade promotions. Drawn after you draw the actual winner, you may draw several back-up winners. For full size image click here.
ReadmoreMain Event streaming may see encore in courts
Pay TV operator Foxtel has vowed to take legal action against customers who streamed its pay-per-view content on Facebook without its permission. Foxtel has alleged that two of its customers posted live streams of the pay TV operator’s 3 February broadcast of the Danny Green and Anthony Mundine boxing match through Facebook accounts. Viewers could […]
ReadmoreCourt orders American online video game distributor to pay $3 million for breach of the Australian Consumer Law
The Federal Court decision in Australian Competition and Consumer Commission v Valve Corp (No 3) [2016] FCA 196 puts foreign corporations on notice that when selling goods to Australian consumers, you may be required to comply with the consumer guarantees set out in the Australian Consumer Law (ACL). Valve Corporation (Valve) operates an online distribution […]
ReadmoreCourt orders ISPs to block access to online pirate’s websites
A Federal Court decision may provide a breakthrough in the push to curb online copyright infringement in Australia through overseas websites. In recent years, Australia has the earned an unenviable reputation as having one of the highest incidences of online copyright infringement in the world, by accessing pirate sites and the creation of Virtual Private […]
ReadmoreFun quiz: how to handle online reviews by your customers
Recently the ACCC commenced court proceedings against Meriton Property Services Pty Ltd for misleading or deceptive conduct. Meriton provides serviced apartment accommodation to its customers. Meriton participates in the “Review Express” program operated by TripAdvisor. Meriton provides consenting customers’ email addresses to TripAdvisor. TripAdvisor then emails the customers and invites them to review Meriton’s services […]
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