On 28 April 2015, the Federal Government released for consultation, draft legislation to extend protection against unfair contract terms to small businesses. When releasing the exposure draft, the Government stated its...more
The Federal Court of Australia has found that AGL South Australia Pty Ltd (AGL) made false or misleading representations and engaged in misleading or deceptive conduct, concerning the level of discount that residential...more
The Competition Policy Review Panel (the Panel) has recommended the repeal of the current statutory exemptions for the liner shipping industry, potentially exposing conference agreements to the full rigour of Australia's...more
After months of delay, the Australian Government has passed legislation to repeal Australia's carbon tax and introduce new sanctions against energy and gas refrigerant entities that do not pass on cost savings arising from...more
The Competition Policy Review Panel (Review Panel) has released its much anticipated Issues Paper on the 'root and branch' review of Australian competition laws and policy.
It is a wide ranging review which is intended...more
Have Your Say on the Issues Paper on Australia's Competition Policy Review before 10 June 2014 -
The Competition Policy Review Panel (Review Panel) has released its much anticipated Issues Paper on the 'root and...more
To begin 2014, we remind franchisors of the Government's response to the changes to the Franchising Code recommended last year. On 6 January 2014, Small Business Minister Bruce Billson advised that the Coalition advocated...more
Recent pecuniary penalties imposed by the Federal Court of Australia (Court) over misleading credence (premium attribute) claims made in the food industry serve as a timely reminder to businesses to carefully review their...more
In an important decision, the Full Federal Court of Australia has held that conduct alleged to be unconscionable is to be assessed against a normative standard of conscience, permeated with accepted and acceptable community...more
There have been several franchising developments since our last update in February.
This edition discusses:
- minimising the risks when marketing through social media
- comments from...more
The Australian Competition and Consumer Commission (ACCC) have published much needed guidance on its use of infringement notices issued under the Competition and Consumer Act 2010 (Cth) (CCA).
This guidance is timely...more
The Australian Competition and Consumer Commission's (ACCC) period of grace concerning the use of unfair contract terms in standard form consumer contracts is over. Following an industry review which prompted some businesses...more
This edition of our Franchising Update includes the following articles:
- The recently announced review of the Franchising Code.
- The Pie Face dispute – misleading information or inadequate due...more
The latest Australian Competition and Consumer Commission (ACCC) cartel enforcement action involves the institution of civil proceedings in the Federal Court in Adelaide against Japanese company Yazaki Corporation (Yazaki) as...more