Blog

A franchisor’s duty to avoid misleading and deceptive conduct during pre-contract negotiations business business law franchises franchising code of conduct good faith misleading and deceptive conduct unconscionable conduct Apr 12, 2023

The franchising industry has been a vital part of the Australian economy, contributing significantly to employment and economic growth. According to 2022 figures, the franchising industry in Australia is estimated to be worth around $172 billion, with approximately 1,120 franchisors operating in...

Read more ...
Providing accurate information when selling a business business business law business purchase business sale false or misleading representations misleading and deceptive conduct supreme court Dec 02, 2022

The concept of “misleading and deceptive conduct” doesn’t only arise in the context of consumer law, requiring a seller to ensure that it does not mislead or deceive, or engage in conduct which is likely to mislead or deceive, its consumers in relation to the product or service...

Read more ...
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...

Read more ...
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...

Read more ...
In-N-Out Burger restaurant wins against Sydney burger chain in Federal Court federal court intellectual property misleading and deceptive conduct passing off trade marks Mar 03, 2020

With the emergence of several notable burger restaurants in Sydney and surrounds in the last decade, it has become important for fast food businesses to brand themselves in a way that makes them stand out, or to offer services which differentiate them from the other burger restaurants that have...

Read more ...
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...

Read more ...
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...
Read more ...
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...

Read more ...
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...
Read more ...
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...

Read more ...
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...
Read more ...
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...
Read more ...
1 2