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Dealing with debt collectors: your rights and responsibilities accc australian consumer law business debt recovery false or misleading representations misleading and deceptive conduct Dec 08, 2014

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...
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Online retailers are also subject to consumer protection laws australian consumer law business false or misleading representations misleading and deceptive conduct Dec 03, 2014

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...
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How to avoid firing / being fired at the work Christmas party business employee rights employment law Nov 24, 2014

The annual work Christmas party is usually the one and only opportunity for workmates to really let their hair down, socialise away from the usual constraints of work and celebrate the festive season … a celebration which unfortunately has the potential to result in a...

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New Franchising Code of Conduct to apply from 1 January 2015 accc business franchises franchising code of conduct Nov 12, 2014

From 1 January 2015, the current Franchising Code of Conduct will be repealed and replaced with a new Code.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...

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Stronger ACCC powers to enforce the Franchising Code accc business franchises franchising code of conduct Nov 04, 2014

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...

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Federal Court bans Coles from advertising its bread as "fresh" accc australian consumer law business false or misleading representations misleading and deceptive conduct Sep 29, 2014

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...
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The importance of appointing an enduring guardian elder law enduring guardian estate planning estates guardianship Sep 03, 2014

The Grattan Institute released a report in 2014 called “Dying Well” noting that although 70% of Australians want to die at home, only 14% end up doing so, with the rest passing away in hospital or aged care facilities.  The report encourages policy and...

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Mum is building a granny flat in our backyard. Do we need to draw anything up? estate planning granny flat property Aug 31, 2014

A Granny Flat is typically a self-contained unit within or attached to another home, often with the intent that the elderly resident can be close to family and help if required.

For social security purposes, a granny flat arrangement does not necessarily require a separate residence – it...

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Be wary of your landlord's financial status when signing the lease commercial lease industrial lease lease property Aug 31, 2014

It is not uncommon for a landlord to make extensive investigations into a tenant’s financial situation, to minimise the risk that the tenant will fall into financial hardship and not be able to pay the rent.

But what if the landlord suffers financial hardship?  What then are...

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Default judgment entered against you? But you have no idea what it's about? business debt recovery default judgment litigation Aug 06, 2014

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...

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I was defamed! business defamation supreme court Aug 05, 2014

If you hear that someone has said something about your character or some other personal trait, often a knee-jerk reaction is to think “they’ve defamed me and they can’t do that.”  However this is not always the case.  You first need to understand the legalities...

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But I don't want the kids to move overseas if something happens to me estate planning estates family law guardianship wills Aug 01, 2014

Time and time again Shire Legal prepares Wills for parents who are living in Australia and whose ex-spouses are resident overseas, with little or no contact with the children. If the Australian parent dies, will the children be required to move overseas to live with their surviving parent?

...

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