September 2021 Directors, as persons responsible for the management and control of a company, bear strict legal duties. Under the Corporations Act 2001 (Cth) and at general law, a director: Has a duty to act with care, skill and diligence [section 180 of the Corporations Act];[i] Has a duty to exercise their powers and discharge… Read More
Read moreby 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
Read moreIs Your Business Compliant? 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… Read More
Read moreIn 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
Read moreLegal 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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