Recent awards of damages by courts for on-line defamation continue to serve as a warning to all using the internet that care must be taken to ensure that there is a factual basis for what is published. In Rush v Nationwide News Pty Limited (No 7) [2019] the Federal Court rejected the Respondent’s justification defence on the basis of lack of credibility of its principal witness and failure to corroborate the principal witness’ evidence, resulting in actor Geoffrey Rush being awarded almost $2.9 million in damages – including $850,000 for non-economic loss including aggravated damages – a damages award which was upheld on appeal by the Full Federal Court.
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Business models for distribution and supply of goods or services through retail stores or on-line market places may provide significant benefits where manufacturers or suppliers can control marketing, promotion and pricing. These business models require careful scrutiny to avoid the risk of breaching Australia’s competition law, which prohibits anti-competitive conduct including resale price maintenance. Strategies for risk management are discussed in this Stephens Lawyers & Consultants Update on Competition Law
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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 services. In this update, Stephens Lawyers & Consultants discuss some recent ACCC enforcement proceedings in respect of unfair contract terms and offer some strategies for minimising the risk of terms being declared unfair and unenforceable.
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