Archives for September 2014

Update to Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634

Update to our article published on 23 July 2014

See further update published 14 April 2015

On 29 September 2014, Chief Justice Allsop of the Federal Court handed down his judgment in the Coles “Fresh Bread” case.

This decision highlights the potential perils of “pushing the boundaries” when it comes to advertising products for sale in a way that could be constued as misleading or deceptive within the meaning of section 18 of the Australian Consumer Law (ACL) which is contained within Schedule 2 the Competition and Consumer Act 2010 (Cth).

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Sales of counterfeit poles breach IP rights

The Australian sellers of dancing poles Vertical Leisure Ltd and Dance4Me Pty Ltd (Vertical Leisure) have been awarded AU$394,800 in damages, after a competitor Skyrunner Pty Ltd (Skyrunner) sold of inferior copies of dancing poles using promotional materials of the brand “X-Pole”.

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No implied term of mutual trust and confidence in employment contracts: Implications for employers

The High Court of Australia (High Court) has determined that employment contracts in Australia do not contain an implied term of mutual trust and confidence imposing an obligation on employers to treat their employees fairly or reasonably.

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Misleading and deceptive conduct in business dealings

Business dealings between two or more parties often involve statements or representations during negotiations prior to reaching a concluded bargain. This article considers some case examples of conduct found to be misleading and deceptive in a variety of common business and commercial settings

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Changes to employment may trigger a constructive dismissal claim

Employers need to take care when making changes to an employee’s contract of employment as it may give rise to allegations of constructive dismissal.

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Cupid Media risks privacy of the dateless

The Privacy Act 1988 (Cth) (Privacy Act) requires entities to take reasonable steps to secure personal information.

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