by Katarina Klaric, Principal, Stephens Lawyers & Consultants Publication of defamatory comments on websites and social media and business networking platforms such as Facebook, twitter, Instagram and LinkedIn are becoming increasingly common and are causing devastating harm to both personal and business reputation and business losses. Some of the defamatory material published is of such an extreme nature that it has been described as being … [Read more...] about Damages for Online Defamation – Recent Cases 2015 to 2016 [August 2016]
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Franchising in Australia – Update January 2016
FRANCHISING IN AUSTRALIA Franchising is one of the fastest growing business sectors in Australia. There are over 1160 franchise systems operating in Australia, with the number of franchisees estimated to be 79,000 [1]. The United States has had a strong influence on the development of Australia's franchise industry with major U.S franchisors including KFC, McDonalds and Pizza Hut establishing operations in Australia in the late 60's early … [Read more...] about Franchising in Australia – Update January 2016
Social Media and Defamation – August 2015
Tweets capable of conveying defamatory imputations The use of Twitter and other social media for marketing and promotional purposes – whether it be the promotion of a new product, the dissemination of news or entertainment services, or the development of a personal or corporate brand - requires careful scrutiny to limit the risk of exposure to a claim in defamation. The recent court decision in Hockey v Fairfax Media Publications Pty Ltd [2015] … [Read more...] about Social Media and Defamation – August 2015
Australian Uniform Defamation Laws
Defamation is a common law tort governed by the Uniform Defamation Laws enacted across Australian States and Territories in 2005 and 2006. Under the Uniform Defamation Laws a publication will be defamatory if the published material has consequences of: 1. Exposing the person to ridicule; or 2. Lowering the person’s reputation in the eyes of members of the community; or 3. Causes people to shun or avoid the person; or 4. Injures the person’s … [Read more...] about Australian Uniform Defamation Laws
Competition and Consumer Law Update – November 2014
This update covers: Competition and Consumer Act amendments - new fine and penalty regime for contravention of industry codes New Franchising Code of Conduct – 1 January 2015 1. Competition and Consumer Amendment (Industry Code Penalties) Act 2014 Recent amendments to the Competition and Consumer Act (“CCA Amendments”) give the regulator, the Australian Competition and Consumer Commission (“ACCC”), powers to apply penalties and issue … [Read more...] about Competition and Consumer Law Update – November 2014