Recognising the impact of current rising cost of living on Australian consumers, areas of ACCC scrutiny for 2023/24 include competition/anti-competitive conduct, fair trading and consumer protection issues in the digital economy, the energy, telecommunications and gas markets, environmental and sustainability claims, unfair contract terms and the financial services sector.
Read moreIncreasingly 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 more