Searching Content indexed under Consumer Trading & Unfair Trading by DLA Piper Australia ordered by Published Date Descending.
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Unravelling the Helix - marketing and promoting pharmaceutical products
A hypothetical scenario involving the marketing of pharmaceutical products.
10 Sep 2013
ACCC obtains its first unfair contract terms declaration: ACCC v Bytecard Pty. Limited
The Federal Court declared by consent that 4 terms in the ACL standard form contract are unfair contract terms and void.
4 Aug 2013
The "Unsophisticated Investor": Exploiting Ignorance and defining misleading and deceptive conduct
Will Australia be returning to a simple statutory prohibition against "misleading and deceptive conduct"?
15 Apr 2013
Unfair Contract Terms in Insurance
New provisions providing relief in relation to unfair contract terms in consumer contracts into the ASIC Act.
15 Apr 2013
The Australian Competition and Consumer Commission review of unfair contract terms for online retailers
The ACCC has published a report highlighting the outcomes of its unfair contract terms review.
25 Mar 2013
Australian High Court confirms Google did not engage in misleading and deceptive conduct
The High Court found that Google had not engaged in misleading and deceptive conduct through its sponsored links.
9 Feb 2013
The Price of Contravening the Australian Consumer Law: An overview of ACCC litigation in 2012 and what to expect in 2013
Most of the ACCC decisions in 2012 involved misleading or deceptive conduct, and false or misleading representations.
19 Jan 2013
Productivity Commission releases National Access Regime Issues Paper
The Productivity Commission moved along in its review of the National Access Regime by releasing its Issues Paper.
9 Dec 2012
Productivity Commission Weighs In On Energy Network Regulation
This update sets out observations regarding some of the key draft recommendations of the Productivity Commission.
7 Nov 2012
Warranties Against Defects - A New Regulation Will Apply From 1 January 2011
Manufacturers, retailers and service providers will need to act soon to review and revise documents containing warranties against defects so that they will be ready to comply with a new regulation taking effect on 1 January 2012
21 Apr 2011
Time to Trade in Your Existing Terms and Conditions
Recent amendments to the Trade Practices Act 1974 (Clth) (TPA) as part of the Australian Consumer Law (ACL) initiative see the introduction of new statutory consumer guarantees which come into force on 1 January 2011
29 Oct 2010
10 Things You Need to Know About the Australian Consumer Law
The Minister for Competition Policy and Consumer Affairs described the Australian Consumer Law as the most comprehensive change to the Trade Practices Act since its inception in 1974. In this article, we summarise 10 key things that businesses should know about the introduction of the Australian Consumer Law.
22 Sep 2010
Reforms to Franchising Conduct and Unconscionable Conduct
Further reforms to the Franchising Code of Conduct and the Unconscionable Conduct provisions of the Trade Practices Act announced.
4 Mar 2010
Marine Brokers' Exposure in Consumer Sales
The recent High Court decision of Walters v Taylor Marine Limited, HC Auckland, CIV-2006-404-2772, 19 October 2009, illustrates that in New Zealand a marine broker can face liability for breach of statutory guarantees under the Consumer Guarantees Act 1993 as a ‘supplier’ of goods, even if its client seller has no liability to the purchaser. Given the potential risk exposure illustrated by this decision, brokers (and their insurers) should be mindful of their obligations under this Act as both s
7 Feb 2010
Fair Trading Act In 2008 – The Year In Review
The Commerce Commission (Commission) monitors compliance with our principal consumer protection legislation - the Fair Trading Act 1986 (Act). In 2008 the Commission focused on misleading promotions, particularly in the banking, finance and supermarket sectors.
12 Feb 2009
Effective Terms Of Trade - Staying Out Of The Unsecured Pack
In the current economic downturn, it is worth reviewing your current terms of trade, especially if you use retention of title clauses (also known as Romalpa clauses) to retain title to goods that are sold on credit.
20 Jan 2009
Are Those Instructions Instructive?
Skerbic v McCormack & Ors [2007] ACTSC 93 involved both a claim in negligence and a claim under section 75AD of the Trade Practices Act 1974 (Cth) (TPA) against the manufacturer/supplier, and installer, of garage roller doors which injured the plaintiff.
2 Apr 2008
ANZTPA Abandoned For Now
Following New Zealand's rejection of the proposed legislation to enact the Australian and New Zealand Therapeutic Products Authority, the Australian and New Zealand Governments have announced that plans to create a joint trans-Tasman therapeutic products authority have been suspended.
17 Sep 2007
New Zealand Fair Trading Act – 2006 In Review
The Commerce Commission (Commission) monitors compliance with the Fair Trading Act, which is our principal consumer protection legislation. 2006 was a busy year for the Commission as it focused on product advertising and on generating fraud awareness amongst consumers.
New Zealand
20 Apr 2007
Corporate Bulletin
Late 2006 saw a flurry of activity by the Commerce Commission and the Takeovers Panel. This bulletin highlights some of those activities and details how they may affect you and your business.
New Zealand
12 Mar 2007
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