The ACCC’s Compliance and Enforcement Priorities for 2025 to 2026 recognise that cost of living, the cost of doing business and the ongoing impacts of the digital economy’s transformation and disruption are some of the most pressing challenges and opportunities facing Australia’s economy and community. In this update we explain the key areas which will be the subject of the ACCC’s scrutiny and focus in 2025/26.
Read moreMaintaining and protecting a business’s trade marks, brand names, designs, patents and copyright material are critical for maximizing the value of the intellectual property and resulting revenue. This update provides an overview of some of the strategies that businesses can consider implementing for the maintenance and protection of their intellectual property rights – and includes some recent Case Examples.
Read moreOn 29 November, 2024 amendments to the Australian privacy law made by the Privacy and Other Legislation Amendment Bill 2024 (the ‘Bill’) passed and came into effect on 11 December 2024 (the day after receiving Royal Assent). In this Update we provide an overview of some of the key changes arising from the Bill, together with guidance on steps that businesses can consider taking now to prepare for the changes and privacy law compliance generally.
Read moreWith consumers increasingly relying on on-line reviews about products or services in making purchase decisions, “one star”, “negative” or “fake” reviews can result in serious harm, reputational damage and loss of business. A recent court decision shows how posting a “one star” Google review can be a very costly exercise for reviewers, particularly where the review is defamatory and false or fake. Businesses and individuals subjected to “one star” reviews, can take legal action.
Read moreAdvertising prescription-only medicines to the public can result in criminal and civil penalties for both corporations and individuals amounting to many millions of dollars. The Therapeutic Goods Administration has been stepping up its enforcement actions to stop unlawful advertising to the public of therapeutic goods including prescription-only medicines. This article includes some strategies that businesses can implement to minimize the risk of non-compliance.
Read moreRecent cases show that failure by businesses to ensure that environmental sustainability marketing claims are accurate can result in legal action being taken by regulators for false representations and misleading and deceptive conduct exposing the company and its directors to significant penalties and compensation claims.
Read moreMetaverse, 3D virtual digital platforms, if accessible by users located in Australia, will be subject to Australian laws, even if the owners or operators of the platforms are not registered businesses or companies in Australia and do not have a physical presence in Australia. While Australia does not currently have specific laws that regulate the use of AI on the metaverse, Australia’s existing legal framework is used to regulate AI technologies across all industries.
Read moreAustralia’s competition law is complex. Metaverse platforms that are registered as a business, company or foreign entity in Australia or are carrying on business within Australia will have to comply with the Competition and Consumer Act 2010 (Cth). Competition law risk assessments should be undertaken before doing business in Australia to ensure compliance with the law and minimise the risk of significant penalties.
Read moreTo identify the relevant intellectual property laws applicable for the protection of a metaverse platform in Australia you need to first ascertain all elements that comprise the metaverse platform, all content generated within the metaverse, and how these are created or generated and by whom. This article offers insight and preliminary guidance on this complex and evolving area of the law.
Read moreThe consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty – with high penalties applying for breach. Fitbit was recently ordered to pay penalties of $11million for making misleading statements about consumer guarantee rights.
Businesses can take steps to minimise the risk of contravention of the Australian Consumer Law relating to consumer guarantees.