Standard form contracts are being subjected to increased scrutiny for unfair contract terms by regulators. On-line terms and conditions are of particular concern because consumers are often given no choice but to accept onerous or unfair terms if they wish to proceed with the purchase of goods or services. In this update, Stephens Lawyers & Consultants discuss some recent ACCC enforcement proceedings in respect of unfair contract terms and offer some strategies for minimising the risk of terms being declared unfair and unenforceable.
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Stephens Lawyers & Consultants* The Australian Consumer Law[i] provides consumers with rights and remedies against suppliers (including on-line retailers) and manufacturers of goods or services acquired by them that do not comply with consumer guarantees. The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to… Read More
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Clive Palmer’s $1.5 million lesson in Copyright Law Marketing and advertising campaigns often use existing songs or music, in building brand awareness. Specific songs or music become associated with a particular brand, business or organisation. Where songs or music are owned by third parties, licences have to be obtained from all the copyright owners and… Read More
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Katarina Klaric, Principal, Stephens Lawyers & Consultants Marketing and advertising campaigns can play a significant role in building brand awareness, increasing sales and revenue and enhancing the value of company or business assets including intellectual property. In the e-commerce environment, marketing strategies are multi-faceted, involving advertising on different media including television, radio, websites, Facebook, Instagram… Read More
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In February 2021 the Australian Competition and Consumer Commission (‘ACCC’), the agency responsible for enforcement of competition, consumer and product safety laws in Australia issued its 2021 Compliance and Enforcement Policy and Priorities [i]. The ACCC’s focus is again on product safety consumer protection and competition issues, particularly in the context of the COVID-19 pandemic [ii]…. Read More
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by Katarina Klaric, Principal, Stephens Lawyers & Consultants Knowing the advertising laws that apply to the marketing and advertising of a particular product or services is critical to avoid breaches resulting in fines and court proceedings. The recent case of Lorna Jane “Anti-virus Activewear” advertising and marketing campaign provides an example of how an advertising… Read More
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Review of the Privacy Act 1988 (Cth)- Submissions in response to Review published A review of Australia’s Privacy Act 1988 was announced on 12 December 2019 to better protect and regulate consumer data and personal information within an increasingly global digital economy – while also reviewing individual consumers’ rights to enforce privacy obligations. The Terms… Read More
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Recent Cases – July 2019 to February 2021 Stephens Lawyers & Consultants* Publication of defamatory comments on websites, social media and business networking platforms such as Facebook, Twitter, Instagram and LinkedIn can cause devastating harm to both personal and business reputation and business losses. Some of the defamatory material published is of such an extreme… Read More
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By Katarina Klaric, Principal, Stephens Lawyers & Consultants All marketing and advertising must comply with The Australian Consumer Law, which prohibits content which is misleading or deceptive or likely to mislead or deceive or contains false representations in respect of the products or services being advertised[i]. In addition, there are industry, product or audience specific… Read More
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Legal Update – November 2020 By Katarina Klaric (Principal & Director) and Peter Divitcos (Lawyer), Stephens Lawyers & Consultants Standard form contracts are being subjected to increased scrutiny for unfair contract terms by regulators. On-line terms and conditions are of particular concern because consumers are often given no choice but to accept onerous or unfair… Read More
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