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Legislation Update

How concerning is your Google review? The new requirement to issue a Concerns Notice before commencing defamation proceedings

In this alert, Partner Brett Bolton and Solicitor Ellie Neuendorf discuss the requirements of a Concerns Notice, how to respond to a negative review and what you should know about the new “serious harm” test. A negative or vexatious review can

  • Technology media and communications
  • Privacy and data protection
  • Technology
  • Competition
  • Dispute Resolution
  • Privacy law
  • Data collection
  • Consumer law

Article

Safeguard your business against defamatory content on social media

Liability for the publication of defamatory content on Facebook and other digital platforms is an emerging area of law. Words in a social media post, uploading images or even using emojis (which are becoming increasingly used in our communication) ma

  • Defamation
  • Litigation
  • Defamatory

Article

Keeping up with the times: an overhaul of defamation laws is coming

The need for defamation law reform in Australia has been well publicised, particularly in light of recent high profile cases in the media (most notably the Geoffrey Rush case). The current laws have been in place for 15 years and must be overhauled t

  • Defamation
  • Competition
  • Dispute Resolution
  • Litigation
  • Defamatory
  • Reform
  • Australian law

Article

Event cancellations, the Australian Consumer Law and COVID-19

As the COVID-19 public health crisis evolves, it is becoming increasingly clear that the spread of COVID-19 will cause a major disruption to global economic activity. In an effort to contain the spread of COVID-19, on Sunday, 15 March 2020, the Prime

  • Covid-19
  • Event cancellation
  • Australian Consumer Law

Article

ACCC guidance on licensing and assignment of IP

Two months have gone by since the prohibition on restrictive trade practices under the Competition and Consumer Act 2010 (Cth) (CCA) began applying to the licensing and assignment of intellectual property rights, following the repeal of section 51(3)

  • Trade mark
  • Trademarks
  • Intellectual Property
  • Competition

Court Decision

Google to answer to ACCC in data driven world

How many times have you navigated your way to a new café, friend’s house or your son’s best friend’s birthday party in Woop-Woop using Google Maps? Countless, we’d imagine and Google knows it. It is fair to say in today’s world, the servic

  • Technology media and communications
  • Privacy and data protection
  • Technology
  • Competition
  • Dispute Resolution
  • Privacy law
  • Data collection
  • Consumer law

Article

Defamation and online business reviews - should you "go legal" or turn the other cheek?

In the increasingly online world in which we live, businesses almost invariably use web-based platforms and social media to promote their goods and services and generally present themselves in a favourable light to customers and potential customers.

    Legislation Update

    Lemon laws set to commence on 1 September 2019: what vehicle manufacturers and dealers need to know

    Key issues: On 1 September 2019, Queensland will be the first state in Australia to enact legislation that gives greater protection to buyers of defective motor vehicles. It will now be easier for consumers to pursue claims against motor vehicle d

    • Consumer law
    • Car
    • Warranty

    Article

    When Facebook posting leads to defamation: what you need to know

    Key issues: In recent years, technology, the internet and social media have changed the ways in which we publish, interact with and distribute information. In 2005, the Australian states and territories enacted model defamation provisions to creat

    • Defamation
    • Facebook
    • Provisions
    • Review
    • Sue
    • Dispute Resolution

    Article

    New mandatory wording set to change the way you do business - services defects warranty

    As of 9 June 2019, warranties against defects given to consumers by businesses when supplying services alone, or when supplying goods and services together, must have certain mandatory wording. This is a new requirement.  Currently, the mandatory wo

    • Mandatory wording
    • Competition
    • Intellectual Property
    • Warranty
    • Service
    • Goods
    • ACL
    • Consumers

    Article

    Plenty of likes for defamation reform in a digital world

    Australia’s defamation laws have not been reformed since the introduction of the Uniform Defamation Acts in 2005. While the laws have remained the same, technology and the internet have continued to develop, changing the ways in which we publish, i

    • Defamation
    • Competition
    • Dispute Resolution
    • Litigation
    • Defamatory
    • Reform
    • Australian law

    Legislation Update

    D-Day for change to the assignment and licensing of IP rights

    In an earlier article on 30 January 2019, we set out the key changes that were in store for the assignment and licensing of intellectual property (IP) in 2019 and beyond. Key issues: The amendments to the Treasury Laws Amendment (2018 Measures No.

    • IP
    • IP rights
    • Competition
    • Adverse costs
    • Losses
    • Damages