Articles and Legal Updates

Damages for Online Defamation

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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Marketing and Advertising Law Update – February 2021

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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ACCC Enforcement Proceedings – Unfair Contract Terms

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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Competition Law – Resale Price Maintenance and On-line Market Places

Legal Update – October 2020 Business models for distribution and supply of goods or services through retail stores or on-line market places may provide significant benefits where manufacturers or suppliers can control marketing, promotion and pricing. These business models require careful scrutiny to avoid the risk of breaching Australia’s competition law, which prohibits anti-competitive conduct… Read More

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Privacy & Risk Management – Information Sheet 3 (updated 12 September 2020)

Risk Management: Data Protection and Privacy Compliance by Katarina Klaric, Principal and Director, Stephens Lawyers & Consultants Privacy compliance and data breach risk management is too often not taken seriously by Australian organisations. The complexity of organisational structures and IT business systems in many instances results in management not knowing what data is collected by… Read More

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Compensation for Privacy Breaches (2016 – 30 June 2020) Determined by the Australian Information Commissioner and Privacy Commissioner

Legal Update – July 2020 Data breaches involving an individual’s personal, medical and financial/credit information can result in reputational damage and financial losses.  The Australian privacy law provides for an individual affected by a data privacy breach to seek compensation from the organisation involved in the breach. Stephens Lawyers & Consultants provides a review of… Read More

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Interlocutory Injunctions in Defamation & Injurious Falsehood: Recent Cases

25 August 2020 Introduction Individuals and businesses continue to be targets of defamatory statements, and false or disparaging reviews published on social media platforms such as Facebook or Google My Business, which cause significant reputational damage and loss. Where the publisher refuses to take down the offending material, the affected party has no option but… Read More

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Electronic Marketing and the Australian Spam Act 2003 – Legal Update – August 2020

by Katarina Klaric, Principal & Director, Stephens Lawyers & Consultants Electronic marketing campaigns play a significant part in business’s overall marketing strategy for the promotion of their business, goods and services.  They provide an effective tool for the delivery of marketing messages via email or text messaging.  However, businesses utilising electronic marketing communications that are… Read More

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Protecting Confidential Information and Personal Data during COVID-19 – April 2020

by Katarina Klaric, Principal, Stephens Lawyers & Consultants COVID-19 restrictions have resulted in many workplaces requiring their employees to work remotely from home. This has resulted in unprecedented technological challenges for government agencies and private sector/non-for-profit organisations to implement technological solutions which enable secure data access and connectivity for their employees. The use of video… Read More

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