Newsletters

2011

October 2011

Mergers & Acquisitions: Competition Law Considerations following the Metcash decision.

The recent Federal Court decision in relation to the Metcash and Franklins proposed acquisition, highlights the commercial challenges that companies or businesses will face, if the competition regulator, the ACCC, refuses the merger/acquisition clearance and takes legal action to restrain the acquisition. This update provides a summary of the Federal Court decision, ACCC v Metcash, and highlights some of the factors that the court will consider in reviewing the ACCC's approach to merger/acquisition clearances. [read more].

Are you aware of the ACCC's industry code audit powers?

Since the expansion of the ACCC's enforcement powers on 1 January 2011 under the Australian Consumer Law reforms, the ACCC now possesses extensive audit powers to monitor compliance with industry codes prescribed under the Competition and Consumer Act 2010. Currently, four industry codes are prescribed under this legislation, including: the Franchising Code, the Horticulture Code, the Oil Code, and the Unit Pricing Code. The ACCC has issued alerts that it will be utilising its enforcement powers to randomly audit franchisors' compliance with the Franchising Code of Conduct. The ACCC will focus on those who have been the subject of multiple complaints and those with a history of non-compliance [read more].

September 2011

Australian Consumer Law Update: Consumer Guarantees & Warranties: Is Your Business Compliant?

Australia's new consumer law regime, implemented under the Competition and Consumer Act 2010, introduced a comprehensive new framework of statutory consumer guarantees, which came into operation on 1 January 2011. This update provides an overview of the new consumer guarantees regime, discusses the impact of the Australian Consumer Law Regulations on businesses, and outlines the implications for non-compliance with the Competition and Consumer Act. [read more]

May 2011

Trade Marks Update: Removing a Competitor's Mark from the Register for Non-Use

This update provides an overview of the legislative provisions and recent case law in regards to removing a trade mark from the register for non-use. The landmark 2010 decision in E&J Gallo Winery v Lion Nathan Australia Pty offers the first consideration of this aspect of trade mark law by the High Court of Australia since 1977. This decision emphasises that trade mark owners or authorised users must use their trade marks in respect of the goods/services for which they are registered in Australia or face the risk of an application for removal on the grounds of non-use. [read more]

March 2011

Australian Consumer Law Update: Do you "green wash"? Avoiding Green Marketing Legal Traps

"Green washing" in advertising, is a powerful marketing tool, enabling advertisers to tap into the growing consumer market for environmentally friendly products and services. In response to the increased proliferation of green marketing in recent years, the Australian Competition and Consumer Commission ('ACCC') is cracking down on unsubstantiated or misleading "green" claims. If your business manufacturers, supplies or advertises products or services with statements about environment sustainability, recycling, energy and water efficiency, or the impact on animals or the environment, it is important to ensure that your claims are accurate and verifiable. [read more]

2010

December 2010

Trade Practices Update: New Consumer Laws commencing 1 January 2011

Under the Australian Consumer Law Reforms, the Trade Practices Act 1974, is being replaced by the Competition and Consumer Act 2010 and comes into effect on 1 January 2011. Businesses must review and update their trade practices compliance procedures and manuals, exiting contracts, warranties/guarantees to ensure compliance with the new regime. [read more]

Franchising Update: Warranties to Consumers & the new Competition and Consumer Act

It is common industry practice for manufacturers and suppliers to provide express warranties to consumers, in respect of supplied goods or services. From a marketing perspective, providing an express warranty to consumers, sends positive messages to the public about the quality, value and reliability of your business' goods or services and promotes customer loyalty and assurance. [read more]

November 2010

Trade Practices Update: ACCC cracks down on Trade Practices Compliance

In recent months, the Australian Competition and Consumer Commission ( 'ACCC') has stepped up efforts to combat unfair business practices and ensure compliance with the Trade Practices Act 1974. Areas of particular focus have included component pricing and false, misleading and deceptive claims/conduct. [read more]

September 2010

Intellectual Property Update: Government Grants Continue to Support SME Innovation

Small and medium sized Australian innovators, businesses and researchers can obtain financial assistance to support their intellectual property development, under grant schemes from both the Federal and State Governments. [read more]

August 2010

Company Law & Intellectual Property Update: Directors' liability for intellectual property infringement

There is an increasing trend for company directors to be sued personally, in cases involving alleged infringement of copyright, patents, designs and other intellectual property rights. Directors can minimise the risk of liability for intellectual property infringement of third party intellectual property, by having appropriate searches undertaken and obtaining legal advice before launching any new products. [read more]

June 2010

Australian Consumer Law Update: Unfair Contract Provisions in force 1 July 2010, as more amendments pass Parliament

This update provides an overview of the new laws regulating unfair terms in standard form consumer contracts, the implications for businesses and other changes to consumer protection laws which come into effect on 1 July 2010. Businesses who supply goods or services to consumers using standard form contracts will have to review their contracts having regard to the new laws. [read more]

Franchising reforms in force 1 July 2010: Franchisors face increased disclosure obligations

As fore-shadowed in our March 2010 Newsletter, franchisors will face increased disclosure requirements under reforms to the Franchising Code of Conduct, released by Small Business Minister Dr Craig Emerson on 4 June 2010. The regulatory changes to the Franchising Code of Conduct take effect from 1 July 2010 and will apply to all Franchise Agreements entered into on or after 1 July 2010. [read more]

May 2010

Legal Traps: the Internet & the Office - Employer Liability for Empoyee Internet misuse

In the modern workplace, employers are being held liable for a wider range of employee misconduct. In particular, the potential for abuse of email and Internet facilities provided at the workplace is virtually limitless and could have severe legal ramifications for employers. [read more]

April 2010

Doing Business in China Update: Developments in Intellectual Property, Tax and Labour & Employment Law

China continues to offer opportunities for Australian companies seeking new markets for their technology or considering expanding their business. The World Expo 2010 in Shanghai May - October 2010, will provide Australian companies with a platform to showcase their technology and capabilities at the Australian Pavilion at the World Expo. [read more]

March 2010

Franchising Update: Franchising reforms expand franchisor disclosure obligations

Franchisors will face increased disclosure requirements under the comprehensive reforms to the Franchising Code of Conduct, announced by Small Business Minister Craig Emerson on 3 March 2010. The Government is currently drafting amendments to Trade Practices Act and the Franchising Code of Conduct to incorporate some of the recommendations of the recently released expert panel report. [read more]

February 2010

Intellectual Property Update: New Government Grants Support Innovators of Intellectual Property

The Commonwealth Government's new grants program Commercialisation Australia which came into effect on 1 January 2010, provides new opportunities for innovators, businesses and researchers to receive financial assistance to support their intellectual property development and commercialisation and to protect their intellectual property. Under the program, companies or individuals can access between $250,000 to $2 million in repayable grants. Furthermore, under changes to the existing Export Market Development Grants , exporters can obtain up to $200,000 for export related intellectual property expenses, including overseas patent filing fees. [read more]