We have all heard of the saying – “be proactive, rather than reactive” – but what does that actually mean, particularly when you are talking in the context of a business? It means taking steps sooner rather than later to avoid issues arising, rather than only taking steps once the issue has arisen –...

Have you ever entered into a business contract which you think is unfair? Was it a standard form contract which offered plenty of protection for one party but not the other? Smaller businesses now have protection from unfair contracts under laws which were introduced on 12 November 2015.

• between January and October 2015, Phoenix Institute of Au...

The ACCC has commenced proceedings in the Federal Court against pharmaceutical giant, Reckitt Benckiser, alleging that it is making misleading claims that its various Nurofen products are able to target different types of pain – back pain, period pain, migraine pain and tension headaches – even thou...

A voluntary code of conduct for the food and grocery industry has been introduced under the Competition and Consumer Act 2010. The Code governs certain conduct by grocery retailers and wholesalers in their dealings with suppliers.

Only those retailers and wholesalers that have elected to be bound b...

The NSW Minister for Fair Trading is expected to today announce a new trust fund scheme designed to prevent insolvent builders from keeping money that is owed to subcontractors after the job is completed.

The new retention trust scheme is the first of its kind in Australia, and was developed in res...

The ACCC and ASIC have launched a new publication, Dealing with debt collectors: Your rights and responsibilities, a guide which explains:

• people’s legal rights and responsibilities if they owe a debt;
• where to seek help to work out a budget, negotiate a repayment plan, apply for hardship or bet
...

The ACCC has commenced proceedings against an online retailer,Electronic Bazaar, for alleged breaches of the Australian Consumer Law (ACL).

The ACCC alleges that the owner of Electronic Bazaar made false and misleading representations about:

• the availability of consumer refund rights – suggestin
...

From 1 January 2015, the current Franchising Code of Conduct will be repealed and replaced with a new Code.  This will apply to all franchise systems operating in Australia. Whilst the Code will remain largely the same, some of the changes the new Franchising Code will bring include:

• introducing
...

The Government has passed legislation that will give the ACCC stronger powers and greater flexibility when enforcing the Franchising Code of Conduct, the mandatory industry code regulating the conduct of both franchisors and franchisees alike.

The Bill, which will commence on 1 January 2015, gives ...

The Federal Court earlier today handed down its ruling in the proceedings commenced by the Australian Competition & Consumer Commissionagainst Coles supermarkets, ordering that:

• Coles be banned for 3 years from advertising its bread as “fresh” and “baked daily” when that wasn’t the case
• Coles mu
...

Every so often, a default judgment will be entered against an apparent debtor, but the debtor has no idea about the court proceedings having been commenced against it, or indeed about the debt itself.

The first time they know about it is when the sheriff comes knocking on their door, or when they a...