Commercial Contracting

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The ACCC compliance and enforcement priorities for 2021 – a look back at the year that was, the impact of COVID-19, and the businesses most at risk for enforcement action in 2021

On 23 February 2021, ACCC Chair Rod Sims released the ACCC’s 2021 compliance and enforcement priorities (ACCC Priorities) as part…

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Kleenex ordered to “clean up” the claims made on its website – A warning to businesses to carefully review their marketing content for compliance with the ACL

The recent case of ACCC v Kimberly-Clark Australia Pty Ltd (No 2) [2021] FCA 102 (ACCC v KCA) highlights the need for…

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Penalties for fake testimonials and false refund promises

The Australian Competition & Consumer Commission (ACCC) has issued two infringement notices to Flight Plan Digital Pty Ltd, trading as…

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COVID-19 and other disruption events – Can the ACL come to a service provider’s rescue?

Key points Service providers that are unable to comply with their contractual obligations because of COVID-19 or other disruption events…

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Coronavirus and commercial contracts – No force majeure clause? Can the doctrine of “Frustration” assist?

As the coronavirus (COVID-19) pandemic continues to spread, more and more parties are finding themselves in a position where they…

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“Was/now” pricing claims again under the spotlight

In a previous article, we discussed the ACCC’s action against four retailers that had made false or misleading representations about…

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