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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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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