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Electricity regulatory framework under further review – changes ahead for both embedded networks and stand-alone power systems

The Australian Energy Markets Commission has recently announced two separate reviews – one into the regulation of embedded networks and the other into stand-alone power systems. With the national electricity framework having been founded on a centralised electricity supply model, the explosive growth of both embedded networks and large-scale localised generation options has presented challenges […]

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Trade Incentives

Trade Incentive Promotions run business to business, or business to employee, rather than business to consumer. Here is an overview of those things to consider, when running trade incentive promotions. Click here to view full size image.  Authored by: David Smith, Partner Jess Bell, Paralegal Allison Rickard, Paralegal

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Trade Promotions Update | New Permit Application Fees

Here is an overview of 2018 permit requirements and fees, for chance trade promotions lotteries. For full size image click here.

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New Gift Card Law in NSW

In general, gift cards have been governed by standard consumer laws. However, for the first time in Australia, New South Wales has specific requirements for gift cards / vouchers sold to consumers. Full details can be found in the attached PDF: Authored by: David Smith, Partner Madeleine McMaster, Lawyer, Melbourne Allison Rickard, Law Clerk Jessica […]

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Refer-a-Friend Promotions

Refer-a-friend promotions are where consumers are encouraged to refer their friends to enter a promotion, or to find out about a promotion. Here is our overview of the specific issues raised in refer-a-friend promotions. Authored by: David Smith, Partner Erica Huntley, Lawyer Allison Rickard, Law Clerk Jessica Bell, Law Clerk

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Government position on regulation of Victorian embedded networks set – draft General Exemption Order now available for comment

The next milestone in the review of the regulation of Victorian embedded networks was reached last month when the Department of Environment, Land Water and Planning (DELWP) released its final position paper on the Victorian electricity licence exemptions framework (the Position Paper) including a draft revised General Exemption Order (GEO). Following on from changes made […]

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Likely change to permit requirements in NSW

Following a report released by the NSW Office of Liquor and Gaming, promoters are now one step closer to being able to conduct trade promotions with prize pools under $10k in NSW with NO permit. Below is our overview of the likely changes: Authored by: David Smith, Partner Erica Huntley, Lawyer Allison Rickard, Law Clerk […]

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Woolworths prevails in test of ACCC enforceable undertaking

In Woolworths Limited v About Life Pty Ltd [2017] NSWSC 1117, Woolworths tested the scope of the enforceable undertakings it, and a number of other supermarket operators, gave to the ACCC not to include, or give effect to, restrictive provisions in supermarket lease agreements. Woolworths ultimately prevailed in this case.  The decision is useful for […]

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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 […]

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Games 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.  

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Trade 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.

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Standard 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 […]

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