The Personal Property Securities Act 2009 (Cth) (PPS) came in affect on 30 January 2012 and introduced an Australia-wide legislative scheme for registering and enforcing all personal property securities. It replaces the State based registers with a single national electronic PPS register. This update provides an overview of the Act and its application to business,… Read More
Read moreSince the expansion of the ACCC’s enforcement powers on 1 January 2011 under the Australian Consumer Law reforms, the ACCC now possesses extensive audit powers to monitor compliance with industry codes prescribed under the Competition and Consumer Act 2010. Currently, four industry codes are prescribed under this legislation, including: the Franchising Code, the Horticulture Code,… Read More
Read moreThe recent Federal Court decision in relation to the Metcash and Franklins proposed acquisition, highlights the commercial challenges that companies or businesses will face, if the competition regulator, the ACCC, refuses the merger/acquisition clearance and takes legal action to restrain the acquisition. This update provides a summary of the Federal Court decision, ACCC v Metcash,… Read More
Read moreAustralia’s new consumer law regime, implemented under the Competition and Consumer Act 2010, introduced a comprehensive new framework of statutory consumer guarantees, which came into operation on 1 January 2011. This update provides an overview of the new consumer guarantees regime, discusses the impact of the Australian Consumer Law Regulations on businesses, and outlines the… Read More
Read moreThis update provides an overview of the legislative provisions and recent case law in regards to removing a trade mark from the register for non-use. The landmark 2010 decision in E&J Gallo Winery v Lion Nathan Australia Pty offers the first consideration of this aspect of trade mark law by the High Court of Australia… Read More
Read more“Green washing” in advertising, is a powerful marketing tool, enabling advertisers to tap into the growing consumer market for environmentally friendly products and services. In response to the increased proliferation of green marketing in recent years, the Australian Competition and Consumer Commission (‘ACCC’) is cracking down on unsubstantiated or misleading “green” claims. If your business… Read More
Read moreUnder the Australian Consumer Law, the ACCC has wide enforcement powers to combat ‘green washing’ claims. The ACCC has stepped up prosecutions in this area. This legal update looks at recent ACCC court actions on ‘green washing’ claims relating to false, misleading and deceptive representations [read more].
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Read moreUnder the Australian Consumer Reforms, the Trade Practices Act 1974 is being replaced by the Competition and Consumer Act 2010. Businesses must review and update their trade practices compliance procedures and manuals, existing contracts, warranties/guarantees to ensure compliance with the new regime. The Competition and Consumer Act involves a substantial restructure of the Trade Practices… Read More
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