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 […]
ReadmoreCourt of Appeal clarifies “franchising” under the Estate Agents Act
As anticipated in our previous update, the Supreme Court’s decision in Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd, affecting franchisors’ liability under the Estate Agents Act 1980 (the Act) was appealed by the government. Success in that appeal means the concept of “franchising agreement” for Victorian estate agents […]
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.
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.
ReadmoreAmendments to Fair Work Act to create new compliance issues for the franchising sector
Following a number of recent high profile cases involving franchisees breaching their obligations as employers, the Government introduced the Fair Work (Protecting Vulnerable Workers) Bill 2017. The Bill proposes amendments to the Fair Work Act 2009 (Cth) to: introduce increasing civil penalty provisions of up to 600 penalty units ($108,000) for individuals or 3,000 penalty […]
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.
ReadmoreCyber security: are you ready for the new mandatory data breach notification law?
The Privacy Amendment (Notifiable Data Breaches) Bill 2016 was passed by the Australian parliament on 13 February 2017. Assuming that it receives royal assent within the coming days, it will become an Act (the Amendment Act). The key amendments set out in the Amendment Act are likely to take effect 12 months after that, to […]
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 […]
ReadmoreInstant win promotions
Instant win promotions are usually games of chance in Australia. If they are a game of chance, permits are needed in some Australian states and territories. To see full size image click here
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