When operating a business, it is important to consider the protection of your business’ sensitive and confidential information. One way of doing this is through the use of a Non-Disclosure Agreement (NDA). At some point in the operation of your business, you will...
A contract is a binding agreement between parties that will govern their relationship by setting out what each party can and cannot do. Ideally, the parties would respect and perform their obligations under the contract. However, this is not always the case, and it...
Following the Federal Government’s announcement of the Franchise Disclosure Register through the 2021 Exposure Draft legislation, the Competition and Consumer (Industry Codes – Franchising) Amendment (Franchise Disclosure Register) Regulations 2022 (the "Regulations")...
The Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth) came into effect on 22 June 2020. The amendment to both the Corporations Act 2001 (Cth) and the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) will now...
The Australian Consumer Law contains provisions which prohibit misleading and deceptive conduct and false and misleading representations, and which require organisations to stand behind any promises or warranties they give to consumers. The repercussions of conduct in...
In August 2021, an announcement from .au Domain Administration (.auDA) announced the launch of second level domain names (<.au>), commencing on 24 March 2022. The release second level domain names is designed to provide: A wider choice of available names;...
Whilst the Federal and State Government’s COVID-19 rent relief scheme provides significant benefits and support to tenants in the form of rent reductions or moratoriums, such scheme can cause various issues to landlords with respect to their arrangements with third...
As a landlord entering into a commercial lease, it is imperative that you balance up whether you must register your lease with the NSW Land Registry Services. We have set out below the key considerations when considering whether to register your lease. Retail Leases...
What is a ‘consumer’? A central consideration under The Australian Consumer Law (ACL) is the definition of a ‘consumer’. Indeed, whether a customer is a ‘consumer’ for the purposes of the ACL determines their entitlement to certain protections and guarantees in...
On 23 September 2020, the Australian Association of National Advertisers (AANA) released their updated Advertising Code of Ethics and associated Practice Note (the Code). These changes apply to all advertisements in Australia and will take effect from 1 February 2021....
The NSW COVID Regulation adopts the principles contained in the Commonwealth Code of Conduct, which intends to provide tenants and landlords in commercial leases with guidance in finding a commercial and amicable solution to the financial detriment caused by the...
Section 127 of the Corporations Act 2001 When a Director or Directors of a company sign a document on behalf of the company, the signature section often states that it is being "signed in accordance with section 127 of the Corporations Act." However, many people do...
On 20 August 2020, the Australian Government released its response to the “Fairness in Franchising Report” (the Report) which was published last year by the Joint Committee on Corporations and Financial Services following its inquiry into the operation and...
The impact of the COVID-19 pandemic on the retail market has been indisputable. Large downturns in trade and foot traffic have put pressure on regulators to facilitate industry action to assist the continued survival of retail businesses. One proposed method for...
The PPSR is the Australian national register for recording security interests other than in relation to land. You can register a security interest over personal property, for example, motor vehicles, stock, and financial property such as shares. Most commonly a...
The Government has recently announced changes to the approval process for foreign investment in Australia in response to the unfolding COVID-19 pandemic. As at 10.30pm on Sunday, 29 March 2020 the threshold for the Government reviewing foreign investment has been...
The pandemic has raised some real practical difficulties around signing and witnessing legal documents because of strict social distancing rules in place to protect us all. In order to facilitate and decrease the need for face to face contact for the witnessing of...
The wide-ranging impact of the COVID-19 outbreak is certainly yet to be completely understood – however, it is clear that it will continue to have far reaching implications in many sectors. Legally, one of the ways we may be able to protect ourselves from these...
As the realities of social distancing start to set in, many businesses are faced with new and unprecedented challenges in relation to the supply of goods and services, leaving many having to cancel events, manage delays, and cope with shortages of supply. Amidst these...
Every day you may be putting your business at risk when selling, leasing, or hiring out goods, or selling valuable goods on consignment. This risk is increasing significantly due to the impact of COVID-19. In recent days, many businesses had to shut their doors. Pubs,...
On 20 January 2020, the Federal Court of Australia held that hotel comparison website Trivago had breached the Australian Consumer Law (ACL) by making misleading representations in relation to hotel room rates and savings on its website and in its television...
On 14 January 2020, the Australian Competition and Consumer Commission announced that Outdoor Supacentre Pty Ltd (trading as 4WD Supacentre) had paid five infringement notice penalties (totalling $63,000) in connection with advertising claims about was/now pricing...
Everyone loves a bargain, but what happens when the deal your getting isn’t quite as sweet as you thought? When buying new products, people often use price comparisons as a way of assessing the value they are gaining from their purchase. Owing to this, many retailers...
In January 2019, in proceedings brought by the Australian Competition and Consumer Commission (ACCC), the Federal Court found Ultra Tune Australia Pty Ltd, a major Australian franchise of automotive repairs and servicing, were in breach of the Franchising Code of...
On 21 October 2019, the ACCC announced that Flight Centre Travel Group Limited (Flight Centre) had paid $252,000 in penalties following two infringement notices issued by the Australian Competition & Consumer Commission (ACCC) for alleged misleading advertisements...
The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 received royal asset on 12 March 2019 and commenced operation on 1 July 2019. The new legislation provides greater protection and remedies for those who 'blow the whistle' on corporate,...
On Friday 18 January 2019, the Federal Court of Australia imposed a $2,604,000 penalty against Ultra Tune Australia Pty Ltd (“Ultra Tune”) for breaching both the Franchising Code of Conduct (“Franchising Code”) and the Australian Consumer Law. The Court found on...
The Modern Slavery Act 2018 (Cth) (“the Act”) received royal assent on 10 December 2018. The Act requires entities based or carrying on business in Australia, which have an annual consolidated revenue of more than $100 million, to report annually on the risks of...
Earlier this year, the consumer protection laws regarding gift cards were amended to ensure that all gift cards redeemable in NSW did not carry unfair terms and conditions. The introduction of the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 (NSW)...
The Treasury Laws Amendment (2018 Measures No 3) Act 2018 (Cth) (the Act) received royal assent on 31 August 2018, and commenced on 1 September 2018. The new penalties apply to acts, omissions or offences that occur on or after 1 September 2018. The Act amends the...
Trade promotions can be a great way to promote your products and services. However, before you run a trade promotion, there are several things you should consider. These include: 1. Is the prize you want to award permissible? For example, tobacco products and certain...
Whether you go into partnership with a fellow dentist, employ another dentist in your practice or engage another dentist as a contractor in your practice, you will need to ensure that you protect yourself and your practice in the event things don’t work out between...
On 6 November 2017, the Competition and Consumer Act 2010 (Cth) was amended to provide for the introduction of a new prohibition on "concerted practices". Prior to its commencement the Australian Competition and Consumer Commission (ACCC) lobbied the Commonwealth...
From 22 February 2018, the Privacy Amendment (Notifiable Data Breaches) Act 2017 amends the Privacy Act 1988 (Privacy Act) to introduce mandatory data breach notification provisions. Background Under the Australian Privacy Principles (APPs) contained in the...
According to a recent decision of the Fair Work Commission the answer is "No". This is a live issue in other countries where Uber operates. Decisions of the UK Employment Tribunal and a judge in New York have held, under their law, that Uber drivers were either...
Clinch Long Woodbridge have helped many international and multinational businesses set up an Australian subsidiary or new entity in Australia. There are eight key points to consider when doing in business in Australia as detailed below. 1. Company registration Foreign...
The Australian Privacy Commissioner’s latest decision against AAPT is a timely warning to your business to review its privacy obligations in light of the substantial changes to the Privacy Act, that came into effect on 12 March 2014. The Privacy Law changes reflect...
A Buy Sell Agreement is a legally binding agreement between co-owners of a business that governs what happens if a co-owner dies or is otherwise forced to leave the business or chooses to leave the business. It may be thought of as a sort of premarital agreement...
Many employers do not know what their obligations are about parental leave. Recent amendments to the Fair Work Act now also need to be considered. It is timely to update you on employer’s obligations about parental leave. Currently, under the Fair Work Act,...
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