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Macpherson Kelley | Australia | 19 Feb 2024

Manufacturer’s liability for damages for defective goods: Expert evidence not essential to determine reduction in value

Under section 272(1)(a) of the Australian Consumer Law (ACL) a consumer may recover damages from a manufacturer for breach of the consumer guarantees…
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Stephens Lawyers & Consultants | Australia | 1 Feb 2024

Australian Consumer Guarantees and Warranties; Is Your Business Compliant? - January 2024 Update

The Federal Court of Australia recently ordered Fitbit LLC to pay penalties of $11million for making misleading statements about consumer guarantee rights. This Update provides a timely overview on the consumer guarantees provided under the Australian Consumer Law as well as guidance on some steps that businesses can take to avoid contravention of the Australian Consumer Laws...
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Davies Collison Cave | Australia | 31 Jan 2024

The Bad Blood of Deepfakes

The exponential and unstoppable rise of technology as seen with the significant advance of everything and anything ‘artificial intelligence’ (AI) is…
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Bird & Bird LLP | Australia | 24 Jan 2024

Bed, bath & contravening the Australian Consumer Law - borrowing words from a competitor’s brand held to be misleading and deceptive conduct

For a retailer looking to expand the domain of its offerings, it may be logical to look to the existing retailers who are already succeeding for…
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Cordato Partners | Australia | 23 Jan 2024

Who doesn’t like free gifts? The ACCC, that’s who!

The ACCC has rules for businesses to follow when offering free gifts because the word 'free' is so attractive to consumers that they are easily…
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Barry Nilsson | Australia | 23 Jan 2024

High Court decides conflict concerning consumer protection legislation

The High Court has allowed an appeal against a finding of misleading or deceptive conduct in circumstances where the representations made were…
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Clayton Utz | Australia | 20 Dec 2023

Mandatory fuel label not misleading conduct, says High Court

Affixing a label in the form required by law will not give rise to a breach of the misleading and deceptive conduct provisions of the Australian…
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Ashurst | Australia | 19 Dec 2023

You can't serve two masters: High Court says Australian Consumer Law gives way to specialised consumer protection legislation

The High Court of Australia has decided mandatory representations under specialised consumer protection legislation will generally not be misleading…
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Gadens | Australia | 14 Dec 2023

Influencer compliance with advertising obligations fails to impress

Earlier this year the Australian Competition Consumer Commission’s (ACCC) conducted a sweep of social media platforms to understand how advertising…
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Cordato Partners | Australia, New Zealand | 11 Dec 2023

Passenger wins on liability, Carnival wins on damages, in the Ruby Princess class action for the COVID cruise

This article is an analysis of Karpik v Carnival plc (The Ruby Princess) (Initial Trial) [2023] FCA 1280, a decision of the Federal Court of…
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