Insights Categories: Corporate & Commercial

Jun 8, 2021

INSIGHT: The collective bargaining class exemption for small businesses is now in effect

We published an article outlining the collective bargaining class exemption for small to medium businesses approved by the ACCC earlier this year. This exemption came into effect on 3 June 2021 and allows eligible small and medium businesses to engage in collective bargaining with their suppliers without being in breach of the Competition and Consumer […]

May 21, 2021

INSIGHT: Pitfalls of promoting health services on social media

Recently, we published an article outlining the dos and don’ts of COVID-19 vaccine promotion. Our Insight summarises how vaccine providers and other parties can lawfully provide information about and promote COVID-19 vaccines. The promotion of vaccines and health services generally, across a variety of communication mediums, is regulated by advertising laws. Social media in particular, […]

Apr 26, 2021

INSIGHT: Make privacy a priority, today and every day

Currently, 85% of all Australians have a clear understanding of why they should protect personal information, yet 49% don’t know how to do it. Privacy Awareness Week (PAW 2021) runs from 3-9 May 2021. The theme for PAW2021 is ‘Make privacy a priority’. PAW 2021 is about sharing information and practical tips that empower organisations […]

Apr 6, 2021

INSIGHT: The dos and don’ts of COVID-19 vaccine promotion

The roll-out of the Pfizer/BioNTech vaccine and Oxford/AstraZeneca vaccine has begun. Generally, the advertising of vaccines to consumers is prohibited in Australia, however some exceptions are now in place to support the roll-out of COVID-19 vaccines. To explain these exceptions, the Therapeutic Goods Administration (TGA) has issued a fact sheet which shows how vaccine providers […]

Mar 31, 2021

INSIGHT: Dangers in negotiating commercial agreements

Commercial agreements vary in complexity, the length of time parties are involved in negotiations, and importantly, in the level of formality the parties employ as they ‘thrash out’ the terms. For these reasons, it is sometimes difficult to work out when the negotiations have reached a point where the law would regard the parties as […]

Mar 31, 2021

INSIGHT: The importance of an up to date and relevant shareholders’ agreement

A shareholders’ agreement is a contract between a company’s shareholders (sometimes the company itself is also a party), setting out the rights and obligations of the shareholders in relation to the affairs of the company and how it is to be managed. If the company is the trustee of a unit trust the agreement relates […]

Mar 31, 2021

INSIGHT: New disclosure obligations in New South Wales require increased transparency with consumers

From 1 January 2021, New South Wales Fair Trading is proposing to enforce new disclosure obligations (which were first introduced in July 2020) contained in the Fair Trading Act 1987 (NSW). The new obligations relate to how businesses that supply goods and services in New South Wales to consumers, communicate with customers and how intermediaries […]

Mar 31, 2021

INSIGHT: Defamation – be careful what you post on social media

The Federal Court of Australia decision in Webster v Brewer [2020] FCA622 is a timely reminder that people need to be cautious about what they post on Facebook about other people and entities. The warnings in this article are also relevant to organisations that have their own Facebook pages. For reasons which are still unknown, […]

Mar 31, 2021

INSIGHT: Retailers beware of advertising false promotions

The ACCC recently successfully prosecuted eyewear retailer, Oscar Wylee in the Federal Court of Australia which resulted in Oscar Wylee being ordered to pay $3.5m in penalties for misleading and deceptive conduct and making false and misleading representations about its charitable donations and affiliations in breach of the Australian Consumer Law. Between January 2014 and […]

Mar 31, 2021

INSIGHT: How the changing definition of “consumer” under the Australian Law may affect you

From 1 July 2021, the monetary threshold for determining whether a person (or business) acquires goods or services as a “consumer” under the Australian Consumer Law (ACL) is set to increase from $40,000 to $100,000. Currently, under the ACL, the definition of a “consumer” is a person (or business) who acquires goods or services if: […]

Mar 31, 2021

INSIGHT: Use of electronic signatures – a cautionary note

In recent times the use of electronic signatures has become common place. The use of electronic signatures during the COVID-19 pandemic has often been a necessity. On 5 May 2020, the Treasurer made the Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 which provided that documents could be executed on behalf of a company under section 127 […]

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