Articles and Legal Updates

Advertised Delivery Times Matter – Can Your Business Deliver On Time?

Federal Court proceedings recently commenced by the ACCC against national fashion retailer, Mosaic Brands Limited, places businesses on notice to make sure that they can comply with their advertised delivery timeframes and deliver on time – or risk high penalties for making false or misleading representations to consumers in breach of the Australian Consumer Law. Mosaic Brands Limited owns Katies, Noni B and Rivers.

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Trade Mark Registration: Is your trade mark ‘distinctive’ or ‘descriptive’?

A recent decision of the Federal Court of Australia highlights the importance of choosing trade marks that are ‘distinctive’ and not ‘descriptive’. The case serves as a timely reminder to businesses to ensure that your trade mark is distinctive and not merely descriptive, if you wish to secure valuable common law and exclusive rights afforded by its use and registration of a trade mark.

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Changes to Australian Consumer Law introduce high penalties for Use of Unfair Contract Terms – Is your business ready?

Businesses have until 8 November 2023 to review their standard form contracts to ensure they comply with recent changes to the Australian Consumer Law which prohibit unfair contract terms – or risk incurring high financial penalties. This update offers an overview of the changes and provides some guidance on steps that can be implemented to minimise the risk of non-compliance.

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Australian Government publishes interim response on Safe and Responsible AI in Australia

On 17 January 2024, the Australian Government released its Interim Response to consultations held on Safe and Responsible AI in Australia. The Interim Response shows that the Government will be targeting the use of AI in ‘high-risk settings’ with ‘mandatory guardrails’ for the safe AI design, development and deployment in high risk settings being considered in close consultation with industry and the community.

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Australia’s Privacy Watchdog conducting an inquiry into how TikTok Collects Personal Data from Users

December 2023 – The Office of the Australian Information Commissioner (OAIC) has launched an inquiry into whether TikTok’s use of marketing pixels, which track people’s online habits, breaches Australia’s privacy laws. The inquiry follows TikTok’s recent fines in Europe and the UK – including a fine of €345m (AU$560m) for breaking the European Union (EU) data laws about children’s accounts.

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Season’s Greetings – Happy Holidays

Stephens Lawyers & Consultants offers our best wishes to all for a relaxing and joyful holiday season and a Happy New Year.
If you require legal advice during the holiday period please contact Katarina Klaric in our Melbourne office on her email: [email protected] or on her mobile: 0402 447 790
Our Sydney office will be closed for the holiday period from 23 December, 2023 until 3 January, 2024.

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OAIC Releases Latest Report on Notifiable Data Breaches – Privacy Risk Management Update

Malicious or criminal attacks and human error continue as the major cause of notifiable data breaches reported the OAIC during the 6 month period to 31 December 2022 according to the OAIC Notifiable Data Breach Report-July-Dec 2022. This Update includes a summary of some key findings and statistics contained in the Report as well as steps which organisations can take to minimise the risk and harm of privacy data breaches.

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