Competition and consumer law

The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law set out various key requirements regulating the standard of conduct that is expected of businesses generally as well as more stringent requirements when dealing with consumers.

In summary they ensure amongst other requirements:

  1. Certain guarantees and warranty requirements when supplying goods and services to consumers are provided.
  2. Businesses are restricted from engaging in certain conduct that is unfair, misleading, deceptive, or unconscionable;
  3. Advertising and marketing related conduct is appropriately regulated;
  4. Product safety and standards;
  5. Anti-competitive behaviour is prohibited; and
  6. Standard form contracts containing unfair terms are unenforceable.

Insights

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heathfieldgrosvenor

Automation, artificial intelligence and legal issues

By Newyorka Musabelliu and Chris Chang – January 2020 It is not surprising that the law cannot keep up with the growth in artificial intelligence.  Patent applications have already been filed on behalf of and in the name of a machine called Dabus that used AI to design two products[1].

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heathfieldgrosvenor

Damages for republication of defamatory statement by third party

Milne v Ell [2017] NSWSC 555 This case serves as a reminder of how liability for defamatory statements can extend to the republication of the statement by third parties, even where the republication has not been expressly authorised (but impliedly authorised).  In summary, an original publisher will be liable for

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