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 campaign may result in an alleged breach of not only the Australian … [Read more...] about Advertising Compliance: Therapeutic Goods Act and Australian Consumer Law
Legal Updates
Privacy Update – February 2021
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 of Reference and an Issues Paper for the proposed review of the Privacy Act 1988 … [Read more...] about Privacy Update – February 2021
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 nature that it has been described as being “generally without any … [Read more...] about Damages for Online Defamation
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 laws, codes and standards which apply. Changes in … [Read more...] about Marketing and Advertising Law Update – February 2021
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 terms if they wish to proceed with the purchase of goods or … [Read more...] about ACCC Enforcement Proceedings – Unfair Contract Terms