-
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.
-
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…
-
Plant Extracts Pty Ltd & Ross Macdougald admit misleading conduct – ordered to publish corrective notices
On 23 October 2023, in the matter of Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265 Justice Downes 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 Biologi…
-
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…
-
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.
-
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.
-
$750k damages for fake online reviews
The Supreme Court of South Australia awarded $A750,000 in damages to a lawyer in the case of Cheng v Lok [2020] SASC 14, demonstrating the serious consequences of posting fake reviews online. Find out more about the implications of this case and alternative legal actions for companies that receive negative reviews.
-
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.
-
Contractual terms can be misleading – Jetstar under fire
Jetstar Airways Pty Ltd has been found to have breached the Australian Consumer Law. Find out what this means for other companies and how to protect your business.
Misleading and deceptive conduct s18 ACL
Make an enquiry
