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Scam Prevention Framework – issues for businesses
On 13 February 2025, the Australian Parliament passed the Scams Prevention Framework 2025 (Cth) (Act) in response to the national “scam pandemic” that has purportedly cost the country billions of dollars over the past few years. The Act amends the Competition and Consumer Act 2010 (Cth) (CCA) and other related Acts. The amendments to the…
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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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Unfair contract terms, penalties and ACCC v Employsure 2020
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should be given to the inclusion of clauses of this nature in standard form contracts, especially…
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Biologi’s Bf & Bk serums contain no Vitamin C – Court Orders prove it!
The recent decision of the Federal Court of Australia Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 where final declarations and orders were made against Mr Ross Macdougald (Macdougald), Plant Extracts Pty Ltd ACN 613 551 349 (Plant Extracts) and skincare brand Biologi Pty Ltd ACN 618 697 297 (Biologi) sheds…
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ACCC seeks input on 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The Australian Competition and Consumer Commission releases Draft Guidance to help businesses make environmental and sustainability claims without misleading consumers.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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Consumer law changes – what business owners need to 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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Greenwashing: the ACCC’s new priority
The Australian Competition and Consumer Commission (ACCC) is taking aim at businesses that mislead consumers with false environmental and sustainability claims. Find out what this could mean for businesses and what actions they need to take to stay compliant with the Australian Consumer Law.
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