31 Oct 2024
Illegal building works – the horror story edition
Illegal building works create obstacles in property transactions Property prices have soared in recent years, making real estate one of the most significant investments that most Australians will ever make. Whether buying or selling a property, the last thing anyone wants is to encounter unexpected legal or financial hurdles due to illegal building works. Unapproved […]
Read the full story31 Jul 2024
Tenant rights, rental increases and property repairs
There is mould creeping up the walls of the property you are renting. The kitchen ceiling is dripping. Loungeroom floorboards are broken. The bedroom window is smashed. The garden fence is falling apart. The toilet won’t flush and the shower is leaking. What are your tenant rights to get things fixed in the property you […]
Read the full story25 Jul 2024
Sperm donors, parental responsibility and financial obligations in NSW
Every year in Australia about 3,000 babies are born as a result of using sperm donors. But there is a shortage of donors, and fertility clinics and IVF providers have appealed for more sperm and egg donors. Laws concerning sperm donors have changed over the years According to the 2021 Victorian Assisted Reproductive Treatment Authority […]
Read the full story05 Jul 2024
Failure to specify currency can be deceptive conduct and a $15 million fine
A court decision in 2023 serves as a pointed warning to businesses they are open to massive fines if they fail to specify which currency is displayed in their online prices. Airbnb Ireland receives massive fine for tricking customers on currency In 2023 the Federal Court issued a $15 million fine against Airbnb Ireland for […]
Read the full story17 May 2024
Cartel conduct in waste disposal industry ends in criminal convictions
The words “cartel conduct” usually bring to mind violent international drug crime gangs. But cartels can also mean you pay more when you renovate, repair or build a home, buy a vehicle or just go shopping. Steep penalties for cartel conduct by two bin operators In February 2024, the Federal Court handed down a sentencing […]
Read the full story16 May 2024
Successful prosecution of “ethical” fund for greenwashing
The Federal Court has ruled a major fund management corporation misled investors about its $1 billion ethical fund, which the company claimed was screened to ensure investments went into environmentally and socially beneficial projects. Fund manager accused of misleading investors over ethical fund It was the first major victory for the Australian Securities & Investments […]
Read the full story10 May 2024
Data collection by landlords – what can they legally ask a tenant?
With cybersecurity breaches on the rise, people are becoming increasingly worried about data collection by companies and wondering how secure their personal information is. Data collection demands from real estate agents As the nationwide shortage of rental properties continues unabated, prospective tenants are facing increasing demands from landlords and their agents for more and more […]
Read the full story22 Mar 2024
Unfair contract laws now apply to expanded category of small business
In November 2023 changes to the law on unfair contract terms came into force, applying to a significantly expanded category of small business. Small business definition changes to include larger businesses The legal definition of a “small” business rose from one with fewer than 20 employees, or annual turnover up to $3 million, to a […]
Read the full story06 Jul 2023
New laws to tackle subscription traps and make it easier to cancel online subscriptions
Many of us have had difficulty trying to cancel online subscriptions that just keep on being charged to our credit cards. Difficulties faced by Australians trying to cancel online subscriptions It’s often a website that offered a free trial and discounts when you joined up, but you don’t use it anymore. However, there it is […]
Read the full story07 Jun 2023
Unfair contract penalties increased to protect consumers and small businesses
Tougher penalties for unfair contract terms and consumer law breaches Legislation has passed federal parliament to increase penalties for unfair contract terms and breaches of consumer law. Maximum penalties for breaches of consumer law increase from $10 million to $50 million. (Please see Speech on the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022, […]
Read the full story04 May 2023
Companies warned of need for market disclosure following cyber attack
ASIC and the courts have shown they are serious about clamping down on companies that breach continuous disclosure laws. This includes companies which do not notify their shareholders of a cyber attack. Record fine for not following market disclosure laws The corporate regulator Australian Securities & Investments Commission recently levied a record $15 million fine […]
Read the full story21 Apr 2023
Guilty or not guilty – could computers replace judges in a court of law?
Weighing up the pros and cons of a case, discarding irrelevancies, assessing the likelihood of statements being the truth or a lie… it’s all in a day’s work for a judge in a court. But could computers replace judges, if programmed correctly? Could a computer weigh the evidence and decide whether the defendant is guilty […]
Read the full story02 Mar 2023
Crackdown on social media influencers who fail to disclose payments
In a case that social media influencers should not ignore, US authorities recently fined American celebrity Kim Kardashian $2 million for promoting cryptocurrency on her social media without declaring she was paid $385,000 to do so. Kim K could probably pay that fine with the loose change at the bottom of her Gucci handbag, but […]
Read the full story07 Feb 2023
Heavy penalties for cartel conduct by roofing companies in NSW
A cartel in business operates by independent corporations or market participants who are otherwise rivals colluding with one another to increase their profits, restrict competition and dominate the market. Roofing companies in Sydney set up cartel Wesley College in Sydney University needed to fix an old slate roof. The college approached a couple of roofing […]
Read the full story12 Jan 2023
Businesses warned against “greenwashing”
Businesses have been warned by corporate and consumer watchdogs about “greenwashing” and told they will have to be ready to substantiate any environmental claims they make when marketing their goods and services, or face severe fines under consumer law. ACCC actively targeting businesses that are greenwashing The Australian Competition and Consumer Commission said it is […]
Read the full story15 Nov 2022
Overseas-based scammers continue to outwit us as losses climb
Many scammers out of reach as financial impact of scams rises Every year Australians lose millions of dollars to dating and other online scams, as people are lured into handing over money to scammers who create fake online profiles targeting people looking for love. Scamwatch, operated by the Australian Competition and Consumer Commission, says $324 […]
Read the full story01 Nov 2022
Bad short-term renters and hosts in NSW can now go on Exclusion Register
There is good news for neighbours of rowdy, poorly managed short-term rental accommodation in NSW, with a new Exclusion Register to prevent guests and hosts with two serious breaches of the Code of Conduct in a two-year period, from participating in the industry. What is the Exclusion Register? Since August 2022, bad renters and bad […]
Read the full story08 Sep 2022
Misleading advertising can be very costly
Some recent, high-profile cases have highlighted the significant fines for businesses found guilty of misleading advertising. The $44.7 million fine imposed on travel group Trivago by the Federal Court for misleading customers demonstrates that making false claims in advertising can be very costly. Trivago breaches Australian Consumer Law with misleading advertising The global hotel booking […]
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