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
ReadmoreGovernment 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 […]
ReadmoreLikely 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 […]
ReadmoreWoolworths 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 […]
ReadmoreStatutory 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.
Readmore
