What's Inside this Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as...more
ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and...more
A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining,...more
In Brief - Following reforms to the unfair contract terms (UCT) regime on 9 November 2023, the Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) are...more
Gina Cass-Gottlieb, Chair of the Australian Competition and Consumer Commission (ACCC), this week announced the ACCC's 2024-25 Compliance and Enforcement Priorities.1 The ACCC's priorities continue to be shaped by the key...more
In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver...more
In Short - The Situation: In 2020, a cruise ship in Australian waters, the Ruby Princess, experienced a COVID‑19 outbreak that resulted in an Australian class action. Part of the class were passengers subject to...more
Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in...more
IN BRIEF - Following a year's 'grace' to allow businesses to be prepared, changes to the Australian Consumer Law (ACL) and the Australian Securities and Investments Commission Act 2001 (ASIC Act), which commenced on 9...more
Companies will often make representations about modern slavery as part of their environmental, social and governance (ESG) measures. In this article, we consider whether potentially false or misleading claims about modern...more
The ACCC sets out best marketing practices and companies’ obligations under the Australian Consumer Law, including strict penalties that may follow. In July 2023, the Australian Competition and Consumer Commission (ACCC)...more
In July 2023, the Australian Competition and Consumer Commission (ACCC) released draft guidance for businesses making environmental and sustainability claims (the Draft Greenwashing Guidance). The Draft Greenwashing Guidance...more
IN BRIEF - The Australian Competition and Consumer Commission (ACCC) has just issued its long anticipated guidance on the making of environmental and sustainability claims. The ACCC has set out eight principles which, in its...more
As we shift towards a carbon neutral economy, businesses are increasingly using environmental claims as a point of differentiation. Any representations made, including to consumers, other businesses or investors, must be...more
The false, misleading or deceptive conduct prohibitions that are enshrined in the Australia Consumer Law (ACL) – Schedule 1 to the Competition and Consumer Act 2010 (CCA) – apply to representations made to any person or...more
Principals, contractors, and other building industry participants should take the opportunity in early 2023 to review contracts and procurement practices, specifically with respect to time bars in standard form contracts. ...more
In brief - The ACCC has published the findings of its recent internet sweep of environmental and sustainability marketing claims made by businesses. Across 247 company websites, the ACCC found that 57% of businesses had made...more
Maximum civil penalties for competition and consumer law breaches by companies and individuals are set to increase in Australia following the passing of the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022....more
The ACCC reported today it issued two infringement notices to be paid by Jim's Group Pty Ltd (in its capacity as franchisor of the Jim's Dog Wash franchise)....more
IN BRIEF - The Treasury Laws Amendment (Acquisition as Consumer—Financial Thresholds) Regulations 2020 (Cth) (Regulations) broaden the applicability of the Consumer Guarantees regime under the Australian Consumer Law (ACL)....more
IN BRIEF - In June 2018, changes were made to the Competition and Consumer Regulations 2010 (Regulations) which require manufacturers and suppliers to include mandatory wording for warranties against defects of services...more
In Brief - On 23 August 2018, Federal Parliament passed the Treasury Laws Amendment (2018 Measures No. 3) Bill 2018 (Bill) to substantially increase the maximum financial penalties for contraventions of the Australian...more
The Situation: Australian courts have struggled with balancing the broad statutory protections afforded to consumers and businesses whilst giving effect to the contractual bargains of well-advised, sophisticated commercial...more
As a result of its dismissal of an appeal from video game publisher Valve in April 2018, the High Court of Australia has affirmed that overseas-based companies that sell to Australia must abide by the Australian Consumer Law...more
The Australian Competition and Consumer Commission (ACCC) has announced product safety priorities for 2018. A key priority is for the Commission to work towards the introduction of a General Safety provision within the...more