Australia: Advertising, Marketing & Branding

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Entertainment law, media law and telecoms law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as advertising, marketing and branding, broadcasting, gaming, hotels and hospitality, publishing, and mobile and cable communications.

Funds Update - 5 December 2025

On 3 December 2025, ASIC released an updated Regulatory Guide 168, Product Disclosure Statements: Disclosure and other obligations (RG 168).

Australia Finance

KL

Herbert Smith Freehills Kramer LLP

Australia's New Age Restrictions For Social Media

Effective 10 December 2025, Australia will implement a world-first age restriction governing social media use. The new law applies not only to domestic platforms but also to international platforms serving Australian users.

Australia Media & IT

GGI Global Alliance

Not So GLAD: What Businesses Can Learn From The Federal Court's Ruling In ACCC v Clorox Australia Pty Limited [2025] FCA 357

In a significant development for environmental marketing standards in Australia, the Federal Court of Australia has imposed an A$8.25 million penalty on Clorox Australia Pty Ltd (Clorox Australia)...

Australia Environment

GA

Global Advertising Lawyers Alliance (GALA)

New Franchising Code To Commence In April

The Competition and Consumer (Industry Code–Franchising) Regulations 2024 (Cth) (the New Code Draft), which replaces the Competition and Consumer (Industry Codes—Franchising) Regulation 2014 (the Old Code).

Australia Commercial

KG

K&L Gates LLP

Running Marketing Campaigns In Australia Involving Prizes – What You Need To Know

Australia Media & IT

KG

K&L Gates LLP

Modern Adtech Regulated Under Antiquated Law: How Video Killed The Internet Star

Australia Privacy

KG

K&L Gates LLP

No Royal Privilege For Trade Marks

MC

Marks & Clerk

Advertising, Marketing & Promotion Comparative Guide

Australia Media & IT

TG

Thomson Geer

More than a trade mark: How Geographical Indications (GIs) could boost Australian business

CC

Corrs Chambers Westgarth

Navigating the waves of greenwashing - Implications for trade mark owners

SF

Spruson & Ferguson

Eyewear retailer should have taken a closer look at their marketing settings

Australia Media & IT

HR

Holding Redlich

Can uou believe everything you read from social media influencers? The ACCC is investigating.

Australia Consumer

HW

Holman Webb Lawyers

Use of performance figures in marketing materials – ASIC takes action

Australia Finance

SG

Sophie Grace Pty Ltd

Big Mac Takes On Big Jack

E

ENS

"I had cancer and they sacked me. That's disability discrimination". Which case won?

Australia Employment

S

Stacks Law Firm

Can an employer refuse your resignation?

Australia Employment

HP

Hall Payne Lawyers

Podcast: SMSFs With CGW – What Is Happening With Division 296 Tax? (Tax On Large Superannuation Balances)

CG

Cooper Grace Ward

What Happens If… You Are Faced With A Sanctions Issue And Need To Investigate? (Podcast)

Australia International

KL

Herbert Smith Freehills Kramer LLP

New English Requirements For Visas

Australia Immigration

IL

Interstaff Immigration Agency

Why referencing the regulator in marketing material is risky business

Using the ASIC logo in marketing material could mislead consumers into believing that ASIC endorses their credit services.

Australia Finance

SG

Sophie Grace Pty Ltd

Marketing guidelines for financial services and credit providers

ASIC has provided strict rules regarding the advertising and promoting of financial and credit products and services.

Australia Finance

SG

Sophie Grace Pty Ltd

Maintaining the health of your brand names and trade marks

Businesses should have systems in place to regularly monitor, revise and renew their brand names and trade marks.

HR

Holding Redlich

Burger Wars: The Big Beef Between Mcdonald's And Hungry Jack's – Mcd Asia Pacific Llc v Hungry Jack's Pty Ltd [2023] Fca 1412

In McD Asia Pacific LLC v Hungry Jack's Pty Ltd [2023] FCA 1412, fast-food giant McDonald's and Australian dinner-time rival Hungry Jack's faced off in the Federal Court of Australia...

KG

K&L Gates LLP

Australian Government Endorses Sweeping Reforms To Australian Privacy Laws

Australia Privacy

HS

Herbert Smith Freehills Kramer LLP

What are the new cosmetic surgery guidelines?

Australia Healthcare

CO

Carroll & O'Dea

Protecting your property development brand: The importance of trademarking – Part 2: Case study

MD

McCarthy Durie Lawyers

Protecting your property development brand: The importance of trademarking

Australia Real Estate

MD

McCarthy Durie Lawyers

Ad Standards 2022 Year in Review: Lessons for brands and advertisers

Australia Media & IT

HR

Holding Redlich

Australian Real Estate Guide To IP – Updated For 2023

Australia Real Estate

HS

Herbert Smith Freehills Kramer LLP

Two women, two teenage dreams, one name

SF

Spruson & Ferguson

You Better Beer-lieve it, it's not misleading: Brick Lane Brewing fails in its Claim against Better Beer

Australia Consumer

CC

Cowell Clarke

Australian High Court Smooths Out Wrinkle In Trade Mark Law: Reputation Not Relevant To ‘Deceptive Similarity' Test Of Infringement

HS

Herbert Smith Freehills Kramer LLP

The battle of the beers

MR

McCullough Robertson

Two women, two teenage dreams, one name

Brand owners should register a trade mark as early as possible, especially if they wish to use their name as a trade mark.

SF

Spruson & Ferguson

You Better Beer-lieve it, it's not misleading: Brick Lane Brewing fails in its Claim against Better Beer

There was some evidence of market confusion, but no evidence of misleading consumers into purchasing the wrong product.

Australia Consumer

CC

Cowell Clarke

Australian High Court Smooths Out Wrinkle In Trade Mark Law: Reputation Not Relevant To ‘Deceptive Similarity' Test Of Infringement

The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings.

HS

Herbert Smith Freehills Kramer LLP

The battle of the beers

Creators and innovators should register trade marks for distinctive features of their products as early as possible.

MR

McCullough Robertson

The Pokémon Company International, Inc v Pokemon Pty Ltd [2022] FCA 1561: The importance of an intellectual property protection strategy

PA

Piper Alderman

IP and the metaverse: A real concept in a virtual world

Brand owners should consider broadening their IP strategies to include online marketplaces via eCommerce platforms.

SF

Spruson & Ferguson

Misleading advertising can be very costly

Misleading advertising or exaggerated claims in marketing may be punished harshly if it is breaches consumer law.

Australia Consumer

S

Stacks Law Firm

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.

Australia Technology

HS

Herbert Smith Freehills Kramer LLP

What GPs & practice managers need to know about the revised AHPRA Advertising Guidelines.

The National Boards and AHPRA have jointly revised the guidelines for advertising a regulated health service.

Australia Healthcare

YL

You Legal

Samsung fined $14 million for misleading water resistance claims of certain phones

Australia Media & IT

HR

Holding Redlich

The importance of protecting your brand overseas

L

LegalVision

Competition And Consumer Law Update – March – April 2022 Edition

Australia Consumer

DC

Davies Collison Cave

Future Of Consumer APAC: Data Privacy In Targeted Advertising – Current Regulatory Challenges And Future Directions (Podcast)

Worldwide Privacy

HS

Herbert Smith Freehills Kramer LLP

Branding on trend: Certification of Australian fashion

MR

McCullough Robertson

Elections and planning laws – can I put up a yard sign?

Australia Real Estate

HR

Holding Redlich

What is a trade mark search?

L

LegalVision

Therapeutic Goods Advertising Code 2021: a simplified approach

Australia Healthcare

PA

Piper Alderman

INSTA: The power of a prefix - Instagram successfully opposes registration of INSTADATE

SF

Spruson & Ferguson

Competition And Consumer Law Update – August – November 2021 Edition

Australia Consumer

DC

Davies Collison Cave

Subsidiary v branch, when expanding your business from New Zealand into Australia

Australia Commercial

M

Metis Law

AGL Energy Limited v Greenpeace Australia Pacific Limited [2021] FCA 625 8 June 2021

DC

Davies Collison Cave

Upping the ante: The ACCC announces plans for more ex ante regulation of digital platforms

Australia Media & IT

HR

Holding Redlich

Protecting well-known brands: utility of defensive trade mark registrations

CC

Corrs Chambers Westgarth

Sting in the tail: the importance of proper brand governance

CC

Corrs Chambers Westgarth

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Latest Videos

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Emerging Issues: Australian technology, media and telecommunications sector insights: April 2020

MR

McCullough Robertson

Australian Competition Authority Calls For Holistic Regulation Of Online Platforms (Video)

Sa

Shepherd and Wedderburn LLP

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