Knowing if an agreement is a ‘franchise agreement’ for the purpose of the Australian Franchising Code of Conduct matters. A business can be exposed to significant penalties where incorrect assumptions have been made as to whether existing or proposed agreements and arrangements with licensees, distributors and other dealers are franchise agreements for the purpose of the Franchising Code.
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The Australian Competition and Consumer Commission (‘ACCC’) has issued its 2022/23 Compliance and Enforcement Policy and Priorities. The ACCC’s priorities for 2022/23 include a focus on manipulative or deceptive advertising and marketing practices in the digital economy, environmental claims and sustainability.
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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
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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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The consumer guarantees provided under the Australian Consumer Law (‘ACL’) cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty. The ACL 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. Is your business compliant?
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