Consumer Law

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Parliamentary Joint Committee Report on Fairness in Franchising

March 2019 Parliamentary Joint Committee Report on Fairness in Franchising Key Takeaways The Parliamentary Join Committee (Committee) released its long-awaited report on Thursday 14 March 2019. The Committee has made 71 recommendations for change to laws related to franchising, including but not limited to the Franchising Code of Conduct (Code). Retail Lease recommendations were specifically [...]

By | 2019-03-18T16:57:55+11:00 March 18th, 2019|Business, Consumer Law, Franchising, Leasing, Retail|Comments Off on Parliamentary Joint Committee Report on Fairness in Franchising

Court confirms pattern of conduct by Franchisor unconscionable, misleading and deceptive

March 2019 The Federal Court of Australia confirms that a pattern of conduct by a car wash Franchisor (Geowash)  was unconscionable, misleading and deceptive, and in breach of an obligation to act in good faith Key Takeaways A Court may determine a franchisor has engaged in unconscionable conduct or did not act in good faith [...]

By | 2019-03-15T10:30:11+11:00 March 15th, 2019|Business, Consumer Law, Contract Law, Retail|Comments Off on Court confirms pattern of conduct by Franchisor unconscionable, misleading and deceptive

More choice, tailored products and lower prices!  Impacts of Consumer Data Right legislation.

October 2018 More choice, tailored products and lower prices!  Impacts of Consumer Data Right legislation. Summary of key points The Consumer Data Right will apply to individuals, small to medium and large businesses. It is asserted that these rights will lead to more choice, tailored products and lower prices, amongst other things. If you are [...]

By | 2018-10-19T16:24:40+11:00 October 19th, 2018|Business, Consumer Law, Privacy Law|Comments Off on More choice, tailored products and lower prices!  Impacts of Consumer Data Right legislation.

ACCC enforcing small business unfair contract terms

August 2018 ACCC enforcing small business unfair contract terms A number of developments have come to light since our February update on new Australian Consumer Laws (ACL) with respect to unfair terms in business-to-business ‘standard form’ contracts (B2B contracts) (see here: https://www.teneolegal.com.au/small-business-unfair-contract-terms-one-year-on/). Early engagement with regulators In the Agri-business sector, AWB Harvest Finance Pools Pty [...]

By | 2018-08-16T12:02:56+11:00 August 16th, 2018|Business, Consumer Law, Contract Law|Comments Off on ACCC enforcing small business unfair contract terms

Contract term that restricts time for making claim under ACL, unenforceable

August 2018 Contract term that restricts time for making claim under ACL, unenforceable Overview In a recent decision in the Victorian Supreme Court Justice Riordan, held that it is contrary to public policy to restrict the statutory remedy provided in s 236 of the Australian Consumer Law (ACL) by limiting the time in which a [...]

By | 2018-08-03T17:11:18+11:00 August 3rd, 2018|Business, Consumer Law, Contract Law|Comments Off on Contract term that restricts time for making claim under ACL, unenforceable