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False and misleading representations – sections 29(1)(a)-(n) ACL
Where a business strays beyond mere “sales puffery” in promoting its goods or services and “crosses the line” in to the realm of deception, depending on the nature of the statements sections 29(1)(a)-(n) of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL) may be able to be used as a sword to…
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Skincare brand Biologi breached the ACL – ordered to publish 5 corrective notices
In a recent decision of the Federal Court in Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 Downes J 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…
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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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Use of competitors trade marks for comparative advertising
Comparative advertising can be a powerful tool, but it must be done within the bounds of the law. Learn more about the legal implications of comparative advertising in Australia, including the case of GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Limited (No 2) [2018] FCA 1.
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Changes to monetary threshold for consumer contracts
Businesses have consumer guarantee protections to consider, with the threshold for contracts subject to Australian Consumer Law increasing from $40,000 to $100,000. Find out what changes you need to make to stay compliant with the law, as of 1 July 2021.
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Risks of making financial forecasts
Article Summary: When faced with patent infringement allegations, a respondent may cross-claim for invalidity. This article examines the factors to be considered when the Federal Court of Australia makes a security for costs order against the cross-claimant.
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Changes to ACL – suppliers of services to use compulsory wording
Suppliers of goods and services must now abide by changes to Australian Consumer Law or face hefty penalties. Find out what these regulations are and how they could affect your business.
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Workplace Bullying by a Body Corporate
This investigation reveals the legal implications of workplace bullying in a body corporate. Find out what the Obligations of Reasonableness and the Fair Work Act 2009 (Cth) mean for workers and how to apply for an order to stop the bullying.
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Resale price maintenance
Businesses should take care when making forecasts to avoid potential legal consequences under the Australian Consumer Law (ACL). Ensure that reasonable grounds, reasonable care, and accuracy of the basis of the forecast are all proven at the time it was made.
Australian Consumer Law
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