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CCTV, videos and photos in health, aged care and retirement living and disability is becoming more of an issue following the increase in the use of social media and disturbing media reports of a “secret camera” capturing the alleged abuse of an elderly man in an Adelaide nursing home in July 2016.
– Australian Consumer Law – Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015
Most readers of this article would be familiar with the Nurofen specific pain products, each being labelled Nurofen Back Pain, Period Pain, Migraine Pain, or Tension Headache, as these products have been marketed in that manner in Australia since about 2006.
Online providers have been warned that advertising the lowest price on a web landing page, then adding admin costs, insurance, booking fees and other expenses as you work through the booking process will be consider unfavourably by the Australian Competition and Consumer Commission (‘ACCC’).
Just ask Jetstar and Virgin. The ACCC has hit them with fines totalling over $750,000 for doing just that.
The ACCC first began openly tackling the issue of drip pricing in 2014. Drip pricing, according to the ACCC, is defined as the incremental disclosure of fees and charges over an online booking process.
Readers would be familiar with the contents of the SPAM Act. Essentially, the Act requires that an electronic communication must not be sent without the consent of the recipient, it must contain clear and accurate information about the person or organisation that authorised the sending of the message, and it must contain an “opt out” or “unsubscribe” provision so the recipient can choose not to receive emails in the future.
There is no doubt that the Olympics are a brilliant example of global co-operation, athletic prowess and human endurance. They also happen to be good for business too, as the recent case of Australian Olympic Committee, Inc. v Telstra Corporation Limited [2016] FCA 857 demonstrates.
The Rio Olympics are the most widely broadcast Games in history, with more and more viewers accessing content through PCs, tablets and mobile devices as opposed to more traditional mediums. Given the popularity of the Olympics, there was no doubt hot competition for carriers to be the official sponsors of the Games and their broadcast.
As new businesses develop and technology advances some principles still remain the same.
Recently a digital advertising agency was prosecuted by the Australian Competition and Consumer Commission in relation to the supply or possible supply of its advertising services. The advertising was to be done by way of digital displays at various shopping centres.
From 12 November 2016 unfair terms that appear in standard form contracts involving small business are void and cannot be relied upon. To qualify as a small business contract, one of the parties must have less than 20 employees and the upfront price payable under the contract must not exceed $300,000 or, if the contract is for more than 12 months, $1,000,000.
Holman Webb is delighted to announce we have been selected as a finalist in the 16th Annual Lawyers Weekly Australian Law Awards – Insurance Team of the Year category. Recognizing excellence in law, these prestigious awards celebrate the achievements of the very best the legal profession has to offer across a number of categories of law.
Holman Webb is delighted to announce 9 internal promotions across our Sydney and Melbourne office, effective 1 July 2016. These promotions span across the workplace relations, insurance, property, commercial recovery and insolvency and ctp practices.