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

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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…]

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