Legal Insights
Liability in Recreational Activities and Businesses - What Providers Need to Know
Recreational activity providers face unique legal risks. Our latest article outlines how Australian Consumer Law, risk warnings and negligence rules apply, and what steps businesses can take to manage liability.
Introduction to Decentralised Autonomous Organisations (DAOs)
A DAO creates an ‘organisation’ by establishing relationships between people software that operates on the blockchain. A DAO uses the capabilities of smart contracts and decentralised technology to streamline and enhance its decision-making processes.
A fine balance – directors’ best interest duty
The Australian Institute of Company Directors (AICD) recently engaged prominent Sydney barristers Gerald Ng and Bret Walker AO SC to examine and analyse the current interpretation of directors’ best interest duty by the Australian Courts.
T&Cs and NTFs
What is an NFT?
A Non-Fungible Token (NFT) is a type of digital asset or token of a small piece of data linked to an object, such as a unique image, cartoon or animation.
Smart Contracts and Smart Legal Contracts – An Overview
Smart contracts are programs stored on a blockchain that self-execute when predetermined conditions are met.
Consider your cyber security
The Australian Cyber Security Centre (ACSC) defines a cyber incident as an unwanted or unexpected cyber security event, or a series of such events, that have a significant probability of compromising business operations.
The Online Safety Act 2021 – what it is and why you should care
The Online Safety Act 2021 (Cth) (Act) came into effect on 23 January 2022. The Act aims to develop the existing regulatory framework and vest the eSafety Commissioner with greater investigative and enforcement powers.
Another Facial Recognition Technology Privacy Breach – AFP in the Spotlight
The Australian Information Commissioner and Privacy Commissioner, Angelene Falk, has recently determined that the Australian Federal Police (AFP) has failed to comply with its privacy obligations in using the Clearview AI facial recognition tool (FRT).
A green light for the reform and transformation of Australia’s Payments System
On 8 December 2021, Treasurer Josh Frydenberg announced a digital economy roadmap (Roadmap), which applies to payments and crypto assets.
Vino on the blockchain – how a new Penfolds NFT may change the course of wine & spirit collecting
Australia’s much-admired winemaker, Penfolds, has recently announced its endeavours to partner with BlockBar, a leading non-fungible token (NFT) marketplace for luxury wine and spirit products. An NFT is a unique online token that exists on a blockchain and cannot be replicated.
Is Facial Recognition Technology Breaching Your Privacy?
Facial recognition technology (FRT) is now utilised across many industries and businesses. While FRT is becoming increasingly easier to implement, it is crucial that business’s adhere to privacy laws when using this technology.
Are the major app stores abusing their power? ACCC report investigates
For some time, the Australian Competition and Consumer Commission (ACCC) has been carefully examining the impact of the dominant digital platforms on competition and Australian consumers. This culminated in the start of 5-year ‘digital platform services enquiry’.
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.
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 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.
Consumer Warranties – mandatory text for services
If you provide services to consumers and provide some form of warranty against defects you must adhere to some updated mandatory requirements of the Australian Consumer Law (ACL).