Giving data to subcontractors – lessons from recent Notifiable Data Breaches
We are all too familiar with the growing number of data breaches in both Australia and abroad. The Office of the Australian Information Commissioner (OAIC) recently issued its Notifiable Data Breaches Report (Report) for June 2023 to December 2023, revealing some concerning findings.
Function Venues, Wineries and Venue Operators: Are you at risk of being penalised under the new unfair contract terms regime?
Under the Australian Consumer Law and ASIC Act, the spotlight is now shining on unfair contract terms, and function venues, wineries and venue operators should take note.
Unfair Contract Terms Regime - Free Terms & Conditions Traffic Light Review
Stay legally on track with our free Terms & Conditions Traffic Light Review— green for compliance, red flags for caution.
Constructing a fair contract can save you millions
From 9 November 2023, major amendments apply to the unfair contract term (UCT) regime. The UCT regime applies to standard form contracts entered with consumers and small businesses, and attracts significant penalties.
Licence lending – protecting your rights in domestic building contracts
Purchasing or building a new home is often said to be the largest financial commitment an individual or a couple will make in their lifetime. People will take on substantial mortgages in order to build their dream homes or investment properties. Therefore, it is extremely important that you ensure the legal goalposts are set from the beginning and understood by all parties, before signing on the dotted line.
COVID-19 Business Interruption Test Case (No.2) – Round 2 to the Insurers!
On 8 October 2021, the Federal Court of Australia determined its first instance decision in the second Australian business interruption insurance test case. The decision in Swiss Re International Se v LCA Marrickville Pty Limited [2021] FCA 1206 (Second Test Case) provided legal guidance in determining whether business interruption insurance policies provide cover to businesses for losses related to COVID-19.
New COVID-19 Commercial Tenancy Relief Scheme
The Commercial Tenancy Relief Scheme Regulations 2021 (Regulations) were introduced by the Victorian Government on 24 August 2021 aimed at providing further rent relief for Commercial Tenants as a result of the ongoing COVID-19 pandemic. A copy of the Regulations can be found HERE.
Federal Government releases draft reforms to the unfair contract terms regime
The Federal Government has unveiled an exposure draft of the Treasury Laws Amendment (Measures for a later sitting) Bill 2021: Unfair contract term reforms (Exposure Draft) which seeks to amend the Australian Consumer Law (ACL) to improve the unfair contract terms (UCT) regime.
2021 ACCC Priorities – Horticultural Code of Conduct
The Horticulture Code of Conduct is a mandatory industry code prescribed under the Competition and Consumer Act 2010, and we’re expecting increased enforcement activity from the Australian Competition and Consumer Commission (ACCC) in 2021 in line with ACCC’s continued concerns about the supply of perishable agriculture products and agricultural supply chain arrangements generally.
2021 ACCC Priorities – Dairy Code
The Dairy Industry Code of Conduct (the Code) aims to improve the clarity and transparency of trading arrangements between dairy farmers and those buying their milk.
Subcontracting? – check your obligations
When we engage someone to perform a task, it is a common expectation that it will be that person or organisation who actually does the work. This is particularly the case for professional advice, consulting or areas of knowledge where the expertise of specific individuals is a key reason for entering into a contract for services.
Selling your business? – understand the PPSR
Are you thinking of selling your business? It will be a typical requirement that all assets you are selling are provided to the buyer free of encumbrances.
Unfair contract terms to become unlawful
The unfair contracts regime in the Australian Competition and Consumer Act has had a long and troubled history.
What is a false and misleading claim? ACCC’s appeal on “flushable” wipes
The case of ACCC v Kimberly-Clark Australia Pty Ltd [2020] FCAFC 107 (ACCC v Kimberly-Clark) is a reminder that companies must be aware of their obligations under the Australian Consumer Law (ACL) when making claims about their products.
Sony ordered to pay $3.5 million for misrepresenting consumer rights
The Australian Competition and Consumer Commission (ACCC) has continued its rampage on the online marketplace industry in ACCC v Sony Interactive Entertainment Network Europe Ltd [2020] FCA 787, as it continues to vigilantly protect Australian consumers that purchase items online.
Cancelled contracts and COVID-19: ACCC Guidance
On 18 March 2020, the Australian Competition and Consumer Commission (ACCC) released guidance on their expectations regarding contracts that are cancelled as a result of COVID-19 restrictions and lockdowns.
The contract cancellations discussed in this article are those that relate to travel, events, gym memberships and food delivery services.
Cancelled weddings and COVID-19
On 18 March 2020, the Australian Competition and Consumer Commission (ACCC) released guidance on their expectations regarding weddings that are cancelled as a result of COVID-19 restrictions and lockdowns.
First and foremost, the ACCC “expect” businesses to treat consumers “fairly” in connection with cancellation or refund requests resulting from COVID-19 restrictions.
COVID-19 contract impacts
The restrictions on social gatherings and non-essential businesses will impact the ability of many parties to comply with their contractual obligations.
Changes to the Building Amendment (Swimming Pool and Spa) Regulations 2019
The Building Amendment (Swimming Pool and Spa) Regulations 2019 (“the Regulation”) commenced on 1 December 2019 and added mandatory requirements for landowners who have a swimming pool or spa.