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ACCC consultation environmental and sustainability guidance
The Australian Competition and Consumer Commission releases Draft Guidance to help businesses make environmental and sustainability claims without misleading consumers. Seeking input from stakeholders to ensure guidance is effective and up-to-date with consumer law.
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Misleading and deceptive conduct – Invisalign v SmileDirectClub
The case of Invisalign Australia Pty Limited v SmileDirectClub LLC [2023] FCA 395 (Invisalign v SDC) involved two (2) companies that offer what’s referred to as the “clear aligner teeth straightening treatment” (Clear Aligner). On 23 December 2021, Invisalign Australia Pty Limited (Invisalign) commenced proceedings against SmileDirectClub Australia Pty Ltd and its US parent company…
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What are the ACCC’s 2023/2024 enforcement priorities?
The Australian Competition and Consumer Commission’s (ACCC) enforcement priorities for 2023/2024 include environmental and sustainability claims, scam detection and disruption, consumer law issues in the digital economy, unfair contract terms, essential services, energy and telecommunications and wholesale gas markets.
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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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Consumer law updates business owners should know
The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (Act) amends various pieces of legislation to provide stronger competition and consumer protections. In particular, the Act bolsters the penalties applicable for offences relating to unfair practices and unfair contract terms under as contained within the Competition and Consumer Act 2010 (Cth) (CCA) and…
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Is a proposed settlement fair and reasonable in the Federal Court?
Class action lawsuits commonly resolve in a settlement between the members of a class and the respondents to a claim. However, there are strict requirements to proposed settlements, including that they are ‘fair and reasonable’, which will be subject to judicial oversight.
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What will the Federal Court consider ‘fair and reasonable’ in a proposed settlement?
Parties seeking to settle a class action must apply to the Federal Court for approval. Judges will assess the fairness of the settlement by examining factors such as the best possible recovery, risks of litigation, class reaction, and independent advice.
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Legal costs – discontinuing by consent in the Federal Court
Businesses must take care when making forecasts, as potential legal consequences may arise if records of the basis for them are not kept.
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What is standard discovery in Federal Court?
This article provides an in-depth look into the requirements of standard discovery in the Federal Court of Australia. Learn more about the relevance of documents, what constitutes ‘readily accessible’ documents, and relevant case law for narrowing the scope of discovery for a just resolution of disputes.
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