Australia currently provides protections, via the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act), against unfair contract terms (Unfair Contract Terms Regime).
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Garden leave may sound relaxing, but the circumstances which call for it are most certainly not.Garden leave typically occurs: when an employee is directed by an employer to take paid leave or to undertake special duties; or during the notice period following termination or resignation. Employees are...
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Have you recently received a text that didn’t seem right? Maybe it looked like one of these: 'Your package is on its way: get it as soon as possible! Click this link!' 'Hello, I've seen this video of you on the internet! Click here to see!' 'Hi, do you need a part time job? Click this link!' If that's a yes...
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In early March 2022, Rod Sims handed down the ACCC's 2022/2023 Compliance and Enforcement Priorities. Some issues and industries of concern include manipulative digital advertising techniques, exclusive arrangements that impact competition and false 'green' credentials.
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An ongoing legal dispute between clothing designer, Katie Jane Taylor and American singer-songwriter, Katy Perry, continues to make headlines. Taylor, owner of the registered trade mark 'Katie Perry', claims that Katy Perry's use of the mark 'Katy Perry' for her products is deceptively similar. In response to Taylor's claim, Katy Perry...
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Trade promotions, such as competitions and other promotional games, are winners for generating hype for your brand. However, trade promotions are heavily regulated and organisations must ensure they comply with relevant laws...
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The Australian Association of National Advertisers (AANA) has announced that a new Food and Beverages Advertising Code, together with an accompanying practice note, will take effect on 1 November 2021. The new code aims to lessen the impact and exposure of advertisements promoting occasional food and/or drinks (treats)...
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One of the most novel occupations created by the rise of social media is that of the influencer. Influencers earn a living by advertising and promoting brands and connecting them with their own social media followers. An industry code is helping ensure influencers disclose the commercial arrangements that sit behind sponsored posts. In our recent blog post...
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We've all been drawn in by a catchy headline, for example, 'shed 5kg in a day!' Whilst this may seem like a great marketing tactic, claims such as these are very risky. Importantly, retailers must not mislead or deceive consumers...
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Marketing alcohol is inherently difficult. It is held to greater scrutiny than other food and beverage products. Unsurprisingly, this means that smart ideas like Bob Hawke sculling a beer, though catchy and differentiating, can be non-compliant...
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