Competition and Consumer Act

What are cooperative marketing funds?

Cooperative marketing funds allow franchisors to combine contributions from franchisees, to undertake advertising or promotional campaigns on behalf of the entire network.  This framework allows franchisors to implement marketing that would otherwise have been beyond reach financially.  However, it is important franchisors are aware of their obligations under the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Franchising Code). [Read more…]

Advertising guidelines for Carriage Service Providers

This article gives an overview of the requirements set out under the Telecommunications Consumer Protections Code 2019 (TCP Code) for advertising by Carriage Service Providers (CSP).  The TCP is a binding code under the Telecommunications Act 1997 (Cth) and the Telecommunications Industry Ombudsman can take enforcement action CSP’s which breach the TCP Code. [Read more…]

Managed service agreements for IT companies

A Managed Services Agreement (MSA) is an agreement between an IT managed services provider (MSP) and its client.   An MSP will manage and provide a defined set of services to its client as set out in the MSA.  Some common services that are provided by MSPs are systems and application management, managed communications, data backup and recovery, data storage, cloud services, network monitoring, management and security and software support and maintenance, authentication services, as well providing any necessary hardware. [Read more…]

Avoiding liability for resale price maintenance

It was held in Australian Competition and Consumer Commission v Mitsubishi Electric Australia Pty Ltd [2013] FCA 1413 (ACCC v Mitsubishi) that resale price maintenance (RPM) refers broadly to conduct of suppliers in attempting to induce distributors or resellers of their goods not to resell them at a price less than that which is prescribed by the supplier.  Section 48 of the Competition and Consumer Act 2010 (Cth) (Act) states that: [Read more…]

The legal obligation for Australian businesses to provide refunds

In Australia, the main piece of legislation governing the supply of goods and services is the Competition and Consumer Act 2010 (Cth) (CCA), which incorporates the Australian Consumer Law (ACL) in Schedule 2.  These obligations apply in addition to the terms and conditions by which a business trades.  The CCA regulates the interaction between businesses and consumers and also between businesses.  How the CCA applies to any particular transaction will depend on whether goods or services are supplied to a consumer.[1]  The effect of a transaction being classed as a consumer transaction is that the consumer guarantee provisions in the CCA will apply. [Read more…]

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

[Read more…]

Businesses obligations when trading online – Competition and Consumer Act 2010 (Cth)

Last updated 25/08/2015
The advent of the internet and electronic commerce has opened up numerous channels for businesses to sell to customers. It could be said that social media has created new ways similarly engaged with consumers. In some respect the courts have struggled to keep up with the application of the law to the development of the technology [Read more…]

Businesses obligations when trading online – Competition and Consumer Act 2010

The advent of the internet and electronic commerce has opened up numerous channels for businesses to sell to customers.  It could also be said that social media has created new ways of engaged with consumers.  In some respect the courts have struggled to keep up with the application of the law to the development of the technology.

[Read more…]

The Competition and Consumer Act 2010 (Cth) and consumer transactions

The general rule is that the Competition and Consumer Act 2010 (Cth) (CCA) applies to businesses supplying goods or services to consumers (B2C), but also in their dealings with competitors.[1]  Whether the CCA applies will depend whether goods or services are supplied to a consumer.[2] [Read more…]

Legal issues of gamification

One of the great things about working with technology focussed clients whether it be as an acquirer of technology, or as the “manufacturer” we often get to advise on a range of interesting legal issues.  Gamification is one of the current buzz words which can present a plethora of legal issues to consider.  Whilst the term has been around for some time, the cost of the enabling technologies is reducing so uptake is increasing. [Read more…]

Send this to a friend