Insights

How Australian Consumer Law applies to call centres and complaints divisions

Do your call centres and complaints divisions know what they can and cannot say under the Australian Consumer Law?

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Myer class action: another good news, bad news story?

The Myer continuous disclosure class action decision1 is a landmark: the first judgment in a securities class action in Australia, and the first case explicitly accepting “market-based causation...

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A bitter pill to swallow: When an “Offer” is actually an agreement

The recent Federal Court judgment Lucas v Zomay Holdings Pty Ltd is a reminder to all contracting parties that a preliminary agreement is immediately binding, even when you are expecting to enter...

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Dealings between major shareholders in a scheme of arrangement – without needing joint bid relief

The Federal Court has approved one of the more novel schemes of arrangement in recent times, where the bidder (already a major shareholder), required that both the target’s Executive Chairman...

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When should a director refrain from recommending a scheme?

The information to be sent to target shareholders seeking their approval of a scheme of arrangement is required to include whether or not each director recommends approval of the scheme; or if a...

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The Osteo Gel case - what you need to know

A short case summary on the recent Osteo Gel case.

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Therapeutic Goods Update

The Therapeutic Goods Administration (TGA) issued a number of consultation papers in January 2019. One of those papers seeks feedback on its proposal to introduce a globally harmonised Unique...

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Class actions in Australia’s employment law landscape: 2019 and beyond

Class actions are set to become a prominent feature of the Australian employment law landscape.

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Biggest fine ever for breach of competition law – a sign of things to come

Last month, the Full Federal Court ordered Japanese company Yazaki Corporation (Yazaki) to pay a penalty of $46 million for engaging in cartel conduct in contravention of the Competition and...

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No relief in sight as ACCC targets “targeted” pain relievers

In a new case echoing Nurofen’s bruising $6m encounter over its “pain specific” range, the ACCC has commenced proceedings against the manufacturers of Voltaren Osteo Gel.

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Going 'natural' – when product claims are artificial

A recent Federal Court decision provides further guidance on the use of the word 'natural' in product branding or advertising.

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ASIC regulatory guide 228: Prospectuses - effective disclosure for retail investors

On 10 November 2011, ASIC issued Regulatory Guide 228: Prospectuses: Effective disclosure for retail investors (RG 228) following extensive industry consultation. In this update, we summarise the...

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Chocolate or coffee? Stopping 'lookalike' sales

The Federal Court has recently stopped a company from selling "look alike" coffee plungers. Has there been a change in the law? No, there hasn't, but the decision in this case provides important

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Electronic transactions and business records

Amendments to the Electronic Transactions Act 2000 were passed by the NSW Parliament on 28 September 2010 and commenced operation in NSW on...

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One month until new consumer laws come into effect - what you need to do now

On 1 January 2011, Australia's consumer protection laws will be replaced by new legislation. While the majority of the new laws do not substantially change your existing obligations when dealing...

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The new Australian Consumer Law - what does it mean for your business?

From 1 January 2011, the Trade Practices Act 1974 (Cth) will be amended by the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 and replaced by the Competition and Consumer...

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Aftershocks of High Court OHS Decision

The High Court of Australia...s decision in Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales will have a significant impact on the way in...

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