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 […]
ReadmoreBlockchain, not just Bitcoin – legal issues
Blockchain is an ever growing list of transactions that are verified and permanently recorded – here are our top 5 legal issues. Click here for full size image. Authored by: David Smith, Partner, Melbourne Emma Duke, Associate, Melbourne
ReadmoreData breaches by aged care providers – complying with the Mandatory Data Breach Scheme
Aged care providers will be subject to the Notifiable Data Breach scheme which requires organisations, including residential and home care providers, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, […]
ReadmoreRefer-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
ReadmoreFranchisors may be able to avoid liability for franchisees’ conduct under the Estate Agents Act
Franchisors’ joint and several liability for the negligence and defalcations of their franchisee estate agents has been cast into doubt by a recent decision of the Supreme Court of Victoria. In Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd [1] , the court narrowly read the definition of “franchising agreement” […]
ReadmoreData breaches by schools – complying with the Mandatory Data Breach scheme
The Notifiable Data Breach scheme which requires organisations, including schools, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by the school; and a […]
ReadmoreFranchisors exposed for franchisee failures with passage of Fair Work Amendment (Protecting Vulnerable Workers) Act 2017
Further to our update, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has been passed by the Australian Parliament after modification by the Senate. The Act became law on 15 September 2017. Franchisors will come under the new regime from 27 October 2017. Introduced following revelations of franchisees breaching their obligations as employers, […]
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 […]
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.
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