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  • Article

    NSW Court of Appeal considers apportionment of responsibility under Corporations Act

    For misleading and deceptive conduct claims, causation and relative culpability are central to question of apportionment.
    AustraliaConsumer Protection
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Privity Of Contract: The Role Of Statutory Warranties For Third Parties To Construction Agreements

    Increasingly, 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 Construction
    Vincent Young
    Vincent Young
  • Article

    World Consumer Rights Day (Part 2): Reshaping Online Subscription Rights? The Sky Austria Case

    To 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 Protection
    William Fry LLP
    William Fry LLP
  • Article

    Buy-now-pay-later operators probed by Senate inquiry

    Article discusses how ASIC is concerned for the risk to consumers creating or exacerbating debt through new B-N-P-L options.
    AustraliaConsumer Protection
    Worrells
    Worrells
  • Article

    Cleared For Takeoff? Tracking Australia’s Proposed Aviation Consumer Protection Reform

    Welcome 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.
    AustraliaTransport
    Kennedys
    Kennedys
  • Article

    How To Conduct A Product Recall In Australia: A Guide

    Product 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 Protection
    Jones Day
    Jones Day
  • Article

    Your 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 & Arbitration
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Fan Tokens And Cryptoassets: New And Fun But Not A Consumer Law Free Zone In Australia

    Businesses involved in advertising cryptoassets and related products to a consumer audience should consider any exposure to consumer protection laws and advertising regulations.
    AustraliaTechnology
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    ACCC: compliance and enforcement priorities 2018

    ACCC may focus on product safety compliance, anti-competitive behaviour and competition in commercial construction industry.
    AustraliaConsumer Protection
    Bryks Lawyers
    Bryks Lawyers
  • Article

    So You Want To Take Your Restaurant(s) Overseas – Part 6: How To Use Legal Counsel When Expanding Internationally

    International 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, Entertainment
    Harris Sliwoski
    Harris Sliwoski
  • Article

    The Future Of Consumer Protection In Australia: New Product Design And Distribution Laws On The Way

    On 20 September 2018, the Australian Government introduced the Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) Bill 2018...
    AustraliaConsumer Protection
    Clyde & Co
    Clyde & Co
  • Article

    Product Liability In Australia

    Australia'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 Protection
    Jones Day
    Jones Day
  • Article

    Exchange - International: In focus - the final Volcker rule

    US federal financial regulatory agencies have released final rules to implement Section 619 of the Dodd-Frank Act.
    AustraliaFinance and Banking
    DLA Piper Australia
    DLA Piper Australia
  • Article

    New amendments to Corporations Act give ASIC ability to intervene on products likely to cause consumer detriment

    Discussion of proposed amendments to Corporations Act which give ASIC product intervention power.
    AustraliaConsumer Protection
    Hunt & Hunt
    Hunt & Hunt
  • Article

    The Overhaul Of The Duty Of Disclosure In Consumer Insurance

    In the Final Report (Final Report) of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industy (Royal Commission) ...
    AustraliaInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Upping The Ante: Australian Government Consults On Ex-ante Regulation Of Digital Platforms

    In 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 Law
    Bird & Bird
    Bird & Bird
  • Article

    Competition And Consumer Law Update – September 2022 – March 2023 Edition

    This 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 Protection
    Davies Collison Cave
    Davies Collison Cave
  • Article

    High Court's BOTOX Decision Highlights A Need For Reform

    The 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 Property
    Davies Collison Cave
    Davies Collison Cave
  • Article

    Unconscionable Lending Practices And Guidance For Lenders

    We 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 Banking
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    The ACCC's Eight Commandments For Environmental And Sustainability Claims And Avoiding Greenwashing And Breaches Of The Australian Consumer Law

    The Australian Competition and Consumer Commission (ACCC) has just issued its long anticipated guidance on the making of environmental and sustainability claims.
    AustraliaAntitrust/Competition Law
    K&L Gates
    K&L Gates

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