22 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 […]
Read the full story18 Aug 2022
The law on trees blocking the sun
The greenery in my neighbour’s yard keeps getting bigger and bigger – now there are trees blocking the sun from reaching my garden and patio. My flowers are suffering and I can’t enjoy sitting in the sun at home any more. On top of that, the neighbour’s hedge has grown so high it blocks the […]
Read the full story12 Aug 2022
Exclusive dealing: why blocking a competitor’s ice creams cost $12 million
You pull up at a petrol station to fill up. The kids cry out for ice cream. One wants a Creamy Classic Choc Top Salted Caramel. The other wants a Mango Lime Ripple Pure Pop. You return with ice creams in hand, but not the two they wanted. Sorry kids, all they had was the […]
Read the full story18 May 2022
Retailer fined $3.5 million for breaching truth in advertising laws
Australian Consumer Law is designed to protect a degree of truth in advertising, so businesses need to be aware of the limits to which they can go in promoting their brand and pushing sales. In a Federal Court judgement in 2020, an eyewear retailer was fined $3.5 million for misleading and deceptive conduct. It was […]
Read the full story25 Mar 2022
ASIC bans financial services from cold calling as scams skyrocket
Cold calling by financial services salespeople trying to flog unwanted products to unsuspecting customers has been made illegal as scams soar across the country. The Australian Securities and Investment Commission (ASIC) brought in the ban in its role as financial regulator following recommendations of financial sector reforms by the banking Royal Commission. Cold calling laws […]
Read the full story09 Feb 2022
PIAC report identifies pattern of mental health discrimination in insurance industry
A ten year study of the insurance industry’s treatment of people has found systemic mental health discrimination that requires high-level investigation. The Public Interest Advocacy Centre (PIAC) has compiled a report on mental health discrimination in the insurance sector. It found people with a mental health history are often being denied insurance, or are offered […]
Read the full story16 Dec 2021
Welcome to the 2021 Shonky Awards
Meet the 2021 winners of the 16th Annual CHOICE Shonky Awards. There’s the $300 bladeless fan that lacks puff, the $499 kitchen food mulcher that produces “eco chips”, and fruit jelly sweets that are 69 per cent sugar. There’s also the Buy Now Pay Later provider that lends money without checking whether the debt can […]
Read the full story02 Dec 2021
Law on unfair contract terms now extends to insurance
Unfair contract terms protections have been extended under new legislation to include standard insurance contracts. The Financial Sector Reform (Hayne Royal Commission Response – Protecting Consumers (2019 Measures)) Act 2020 has amended the law relating to unfair contract terms in insurance contracts and also applies to funeral expense facilities and mortgage brokers. The new legislation […]
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