ArticleNSW Court of Appeal considers apportionment of responsibility under Corporations ActFor misleading and deceptive conduct claims, causation and relative culpability are central to question of apportionment.AustraliaConsumer ProtectionColin Biggers & Paisley
ArticlePrivity Of Contract: The Role Of Statutory Warranties For Third Parties To Construction AgreementsIncreasingly, we are reviewing contracts whereby developers seek to provide benefits to third parties by increasing who the contractor owes its obligations to under a contract. AustraliaReal Estate and ConstructionVincent Young
ArticleWorld Consumer Rights Day (Part 2): Reshaping Online Subscription Rights? The Sky Austria CaseTo mark World Consumer Rights Day, the William Fry Technology team prepared a three‑part series on EU consumer law developments likely to shape consumer digital contracts in 2026.AustraliaConsumer ProtectionWilliam Fry LLP
ArticleBuy-now-pay-later operators probed by Senate inquiryArticle discusses how ASIC is concerned for the risk to consumers creating or exacerbating debt through new B-N-P-L options.AustraliaConsumer ProtectionWorrells
ArticleCleared For Takeoff? Tracking Australia’s Proposed Aviation Consumer Protection ReformWelcome to the first in our series of articles on the Aviation Consumer Protection Bill 2026 and its 3 related bills (ACP Bill package), a proposed reform intended to establish a new aviation consumer protection framework in Australia.AustraliaTransportKennedys
ArticleHow To Conduct A Product Recall In Australia: A GuideProduct recalls are becoming increasingly common. The ACCC and industry-specific regulators are very active in both overseeing product recalls and prosecuting non-compliance with legislative requirements.AustraliaConsumer ProtectionJones Day
ArticleYour Hired Equipment Has Been Damaged By The Customer - Can You Prove It?When equipment is hired out but later damaged, hire businesses face a familiar challenge: who says the equipment wasn’t already faulty, who bears the risk, and can the hirer recover the cost of repair? The NSW Supreme Court’s decision in Civiltrak Sydney Pty Ltd v Orange Equipment Pty Ltd t/as Orange Hire offers valuable guidance to solving this puzzle.AustraliaLitigation, Mediation & ArbitrationBartier Perry Solicitors
ArticleFan Tokens And Cryptoassets: New And Fun But Not A Consumer Law Free Zone In AustraliaBusinesses involved in advertising cryptoassets and related products to a consumer audience should consider any exposure to consumer protection laws and advertising regulations.AustraliaTechnologyHerbert Smith Freehills Kramer LLP
ArticleACCC: compliance and enforcement priorities 2018ACCC may focus on product safety compliance, anti-competitive behaviour and competition in commercial construction industry. AustraliaConsumer ProtectionBryks Lawyers
ArticleSo You Want To Take Your Restaurant(s) Overseas – Part 6: How To Use Legal Counsel When Expanding InternationallyInternational restaurant expansion is a high-stakes leap that will put every part of your business to the test: operations, supply chains, culture, finance, intellectual property, and above all, the law. AustraliaMedia, Telecoms, IT, EntertainmentHarris Sliwoski
ArticleThe Future Of Consumer Protection In Australia: New Product Design And Distribution Laws On The WayOn 20 September 2018, the Australian Government introduced the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Bill 2018...AustraliaConsumer ProtectionClyde & Co
ArticleProduct Liability In AustraliaAustralia's product liability regime is a combination of provisions contained primarily in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). AustraliaConsumer ProtectionJones Day
ArticleExchange - International: In focus - the final Volcker ruleUS federal financial regulatory agencies have released final rules to implement Section 619 of the Dodd-Frank Act. AustraliaFinance and BankingDLA Piper Australia
ArticleNew amendments to Corporations Act give ASIC ability to intervene on products likely to cause consumer detrimentDiscussion of proposed amendments to Corporations Act which give ASIC product intervention power.AustraliaConsumer ProtectionHunt & Hunt
ArticleThe Overhaul Of The Duty Of Disclosure In Consumer InsuranceIn the Final Report (Final Report) of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industy (Royal Commission) ...AustraliaInsuranceClyde & Co
ArticleUpping The Ante: Australian Government Consults On Ex-ante Regulation Of Digital PlatformsIn line with the views it has reached previously, the ACCC again raised concerns that a range of conduct by digital platforms is impacting competition.AustraliaAntitrust/Competition LawBird & Bird
ArticleCompetition And Consumer Law Update – September 2022 – March 2023 EditionThis is the latest in a series detailing developments in competition and consumer law in Australia, including the activities of Australia's competition and consumer regulator, the Australian Competition...AustraliaConsumer ProtectionDavies Collison Cave
ArticleHigh Court's BOTOX Decision Highlights A Need For ReformThe High Court's decision in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 involved balancing the rights of traders to properly describe their goods...AustraliaIntellectual PropertyDavies Collison Cave
ArticleUnconscionable Lending Practices And Guidance For LendersWe recently examined how fraud can undermine indefeasibility and the resulting risks for lenders. You can read that article here: Indefeasibility of title - legal certainty in an age of rising fraud. This article analyses the High Court of Australia’s decision in Stubbings v Jams 2 Pty Ltd [2022] HCA 6, which remains the leading authority on responsible lending practices, notwithstanding the passage of four years since judgment. AustraliaFinance and BankingBartier Perry Solicitors
ArticleThe ACCC's Eight Commandments For Environmental And Sustainability Claims And Avoiding Greenwashing And Breaches Of The Australian Consumer LawThe Australian Competition and Consumer Commission (ACCC) has just issued its long anticipated guidance on the making of environmental and sustainability claims.AustraliaAntitrust/Competition LawK&L Gates