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Silence and a handwritten amendment to a retail lease disclosure statement australian consumer law business disclosure statement landlord lease misleading and deceptive conduct nsw civil and administrative tribunal (ncat) property retail lease retail leases act tenant Aug 11, 2021

It is imperative for both landlords and tenants that whenever a retail lease is being negotiated, any required amendments to terms of the lease that remain to be negotiated are brought to the other party’s attention so that they can be negotiated, and the documents amended to...

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Incorrect sales figures and other misrepresentations in a business sale australian consumer law business business sale false or misleading representations misleading and deceptive conduct supreme court Jun 03, 2020

All business owners and agents must be careful when providing prospective purchasers with sales figures and other information, particularly where reliance will be placed on that information, without separate verification by the prospective purchaser. This issue arose in a December 2019 decision...

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ACCC finds Trivago guilty of misleading consumers accc australian consumer law business misleading and deceptive conduct Jan 29, 2020

In a judgment handed down by the Federal Court in January 2020, Trivago, popular hotel comparison website, has been found guilty of misleading and deceiving the public as to the operation of its website. The misrepresentations have led consumers to believe they were obtaining discounts...

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Warranty against defects for services australian consumer law business warranty Oct 25, 2019

As of June 2019 the Australian Consumer Law (‘ACL’) has additional requirements for those businesses who provide a Warranty Against Defects for services (‘WAD’) in the provision of either:

  • Services; or
  • Goods with services.

What is a...

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Smaller businesses are not immune from the ACCC accc australian consumer law business false or misleading representations misleading and deceptive conduct Apr 18, 2016

So, as a smaller business, do you think you are immune from the wrath of the ACCC?  Think again.

 In recent months, the ACCC has been successful with the following enforcement action:

  • Omniblend Pty Ltd – an online retailer of kitchen applicances – found guilty of...
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Have you lay-byed a Christmas Hamper from Chrisco? australian consumer law business false or misleading representations misleading and deceptive conduct unfair contracts Dec 17, 2015

The Australian Competition & Consumer Commission (ACCC) commenced proceedings against Chrisco Hampers Australia Ltd (Chrisco) in the Federal Court almost 12 months ago, alleging that the lay-by agreement for its Christmas hampers was unfair.

The Federal Court has just handed down...

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Alleged misrepresentations and unconscionability in the training industry accc australian consumer law business false or misleading representations misleading and deceptive conduct phoenix activity Nov 24, 2015
The ACCC has commenced proceedings in the Federal Court against a training college which offered VET FEE-HELP Diploma courses,costing from $18,000 to $21,000 per course.
 
 
It is alleged that:
 
False or misleading representations
 
  • between January and...
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ACCC alleges misleading labelling by pharmaceutical company accc australian consumer law business false or misleading representations misleading and deceptive conduct product labelling Mar 09, 2015

The ACCC has commenced proceedings in the Federal Court against pharmaceutical giant, Reckitt Benckiser, alleging that it is making misleading claims that its various Nurofen products are able to target different types of pain – back pain, period pain, migraine pain and tension...

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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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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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