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Damages for competitor misleading conduct under the ACL
Section 236 of the Australian Consumer Law (ACL) entitles any person, including corporations – to claim compensation for loss or damage suffered from misleading or deceptive conduct. The High Court has developed numerous general principles for assessing loss or damage which we will discuss in this article.
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Plant Extracts Pty Ltd & Ross Macdougald admit misleading conduct – ordered to publish corrective notices
On 23 October 2023, in the matter of Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 Justice Downes issued an initial judgement and made orders for declaratory relief and the publication of eight (8) corrective notices by Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) and skincare brand Biologi…
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ASIC commences legal proceedings against alleged “greenwasher”
The Australian Securities and Investments Commission launched its first Court action against a business for alleged greenwashing. Find out what this means for businesses and sustainability practices, and discover what measures must be taken to ensure compliance with the law.
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IP contracts now subject to restrictive trade practice provisions
Learn how the repeal of Section 51(3) of the Competition and Consumer Act 2010 (Cth) (CCA) affects businesses licensing or assigning intellectual property (IP) rights and the penalties associated with a breach with this comprehensive guide.
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Contractual terms can be misleading – Jetstar under fire
Jetstar Airways Pty Ltd has been found to have breached the Australian Consumer Law. Find out what this means for other companies and how to protect your business.
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Software licences held to be “goods” under ACL
This Federal Court case highlights the risks of supplying goods and services to Australian consumers. Companies should be aware of their legal obligations and seek advice to ensure their contractual terms comply with Australian Consumer Law. Find out more about the case and its implications.
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Update to Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2014] FCA 634
Coles has been found to have breached the Australian Consumer Law (ACL). Find out what this means and how it could affect you. Get in touch for an obligation free and confidential discussion.
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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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Businesses’ obligations when trading online – Competition and Consumer Act 2010
The Competition and Consumer Act 2010 (Cth) provides legal remedies for those aggrieved by a business’s online conduct, such as penalties, damages, etc. This article explores remedies for misleading, deceptive, unconscionable conduct and unfair contract terms.