Unfair terms in business to business contracts

Unfair terms in business to business contracts

Australian competition and consumer law provides protection against unfair contract terms in standard form contracts, making them void. Standard form contracts are not legislatively defined, but gener...
Toughening Gift Card Consumer Laws

Toughening Gift Card Consumer Laws

Last year, NSW legislation came into effect requiring gift cards to have a minimum expiry period of 3 years.  In a similar vein, Federal legislation passed on 25 October 2018, amending the Compet...
Top 3 must-read articles for retailers

Top 3 must-read articles for retailers!

We know how important your business is to you – after all, your business is our business!  To help protect your business, we’ve put together our top 3 “must-read” articles for retail business own...
Top 3 tips for running a sales promotion (legally)

Top 3 tips for running a sales promotion (legally)

Retailers and businesses need to be quick when it comes to planning and executing sales promotions in a fast paced consumer goods market.  However, it is important to take the time to consider wh...
Are your marketing slogans misleading?

Are your marketing slogans misleading?

Many consumers are enticed by quick-fix weight loss programs – especially when they are advertised at affordable prices such as Jenny Craig’s “Lose 10kg for $10” advertisements. However, the ACCC has...
3 funniest competitions

3 funniest competitions

You may have seen our recent posts about running competitions, trade promotions and giveaways to promote your business.  The fun thing about running your own competition is how creative you can get wi...
$25 million fine imposed for criminal cartel conduct

$25 million fine imposed for criminal cartel conduct

The purpose of competition law is to regulate the market to ensure businesses in competition with one another remain competitive to protect consumer interests. Making or giving effect to cartel provi...
Was/Now Advertising: Is your promotional sale legal?

Was/Now Advertising: Is your promotional sale legal?

It is common practice for retailers to advertise with “was/now” pricing on their products – for example, a suit that “was $300” and is “now $250” suggests a saving of $50.  This method of compara...
No Refunds?  Not OK

No Refunds?  Not OK.

My clients often ask me to review their returns policies.  Its important to remember that in setting your returns policies, you cannot contract out of your obligations under the law. NSW Fair Tr...
ACCC Introduces Excessive Surcharge Ban

ACCC Introduces Excessive Surcharge Ban

We previously wrote about the new excessive surcharge ban, but let’s talk a little more in-depth about how the ban will affect you and your business. If your business charges a surcharge for credit,...
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