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Competition and consumer law

Bull market dispute resolved by disclaimer in cattle log

It is very common to read about plaintiffs who have commenced misleading and deceptive conduct actions complaining that they have been sold a complete load of bull.  It is less common for those cases to involve actual bulls. However, the New South Wales Court of Appeal last week considered a misleading and deceptive conduct case

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December 23
2019
Commercial Law Competition and consumer law Litigation and dispute resolution

Can relaunching an old brand be misleading or deceptive? You bettor believe it

These days, it seems that everything old is new again; so if you if you are looking for a new brand, it’s a safe bet to go back to one of your old ones, yes?  Well, no, as CrownBet has just discovered in its attempt to bring back the “Sportingbet” brand back to Australian sports

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July 21
2018
Competition and consumer law Intellectual property law

To avoid social media liability, it’s likely that you DO have to read the comments

“Never read the comments” is often said to be one of the cardinal rules of the Internet – indeed, if you need reminding of the importance of the rule, the Internet will helpfully supply you with T-shirts and cross-stitch patterns so that you don’t forget. However, whenever there is a rule, there will be exceptions which

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July 10
2018
Competition and consumer law Defamation Social media law

Franchising Code breaches leave pasta shop franchisor in hot water

We don’t listen to a lot of psychedelic rock here at StevensVuaran Lawyers, but this week we’ve been blasting out “Are You Experienced”, the debut record by The Jimi Hendrix Experience.  We’ve been doing that not because we’re a bit slow in celebrating the album’s 50th anniversary (we were on that back in May) but

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November 20
2017
Competition and consumer law Franchising Law

How the Australian Consumer Law became a trip hazard for Meriton Serviced Apartments

“The important thing”, said Albert Einstein, “is not to stop questioning”.  Which is all very well for Einstein, but he wasn’t running a serviced apartment property at the time. When choosing accommodation in hotels and serviced apartments, consumers are increasingly reliant on reviews provided by websites such as TripAdvisor.  To collect as many reviews as

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November 10
2017
Competition and consumer law

Into the bin! Federal Court trashes unfair contract terms in waste collection contracts

In what must rank as one of the speedier capitulations to a regulator in recent Australian legal history, the ACCC has today announced that waste management company JJ Richards & Sons Pty Ltd has consented to court orders by which JJ Richards agreed that no fewer than 8 terms of the standard form contract used

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October 19
2017
Competition and consumer law