Increasingly the ACCC is involved in technology disputes, either taking court enforcement proceedings against digital platforms and technology companies or intervening in private litigation commenced by affected parties. This review of recent technology cases provides useful insights for businesses and consumers into emerging trends and the related risk management.
Read moreCourts are continuing to award significant damages for on-line defamatory publications. In this update, Stephens Lawyers & Consultants reviews the damages awards in defamation cases during the period 5 August 2023 to 30 June 2024 involving on-line publications, and provides guidance on damages awards and the factors taken into account by Courts in awarding damages.
Read moreThe ACCC is continuing to monitor businesses for making false and misleading representations concerning the existence, exclusion or effect of warranties and consumer guarantees. This article provides guidance on some steps businesses can take to minimise risk of contravention of the Australian Consumer Law.
Read moreRecent awards of damages by courts for online defamation continue to serve as a warning to reviewers, bloggers, influencers and business competitors that care should be taken to ensure that the content posted online is factually correct and not defamatory. A Gold Coast cosmetic surgeon was recently awarded $420,000 in damages for false reviews made by a business competitor.
Read moreLegal Update: The Therapeutic Goods Administration has been issuing warnings for non-compliant advertising of therapeutic goods while the courts have made it clear when imposing penalties that when it comes to compliance with the Therapeutic Goods Act 1989 (Cth), ignorance of the law is no excuse.
Read moreUnderstanding the risks and legal issues associated with using cloud based computing services is critical for risk management and protection of an organisation’s data and related intellectual property and to minimise the risk of business disruption.
Read moreThe Optus data breach involving the disclosure of personal information of about 10 million Optus customers, exposes Optus to claims for compensation under the Privacy Act 1988 (Cth) and also to possible claims for breach of contract, negligence and contravention of the Australian Consumer Law.
Read moreRecent case of ASIC v RI Advice Group Pty Ltd serves as a warning that companies which do not have adequate cybersecurity risk management plans, systems and controls in place are at risk of contravention of the Corporations Law and the Privacy Act which can result in substantial pecuniary penalties. Practical steps can be taken by companies and their directors to reduce these risks.
Read moreIn this article Stephens Lawyers & Consultants considers how the increasing use of AI technology or systems in the inventive or creative process to generate inventions and literary, artistic, musical and dramatic works is challenging Australia’s existing IP laws, and offers policy and practical considerations for Intellectual property protection of AI or computer generated works.
Read moreKnowing if an agreement is a ‘franchise agreement’ for the purpose of the Australian Franchising Code of Conduct matters. A business can be exposed to significant penalties where incorrect assumptions have been made as to whether existing or proposed agreements and arrangements with licensees, distributors and other dealers are franchise agreements for the purpose of the Franchising Code.
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