Corporate & Commercial

KHQ News & Insights

Federal Court rules on unfair contract terms

A recent Federal Court decision regarding the unfair contract terms regime provides valuable guidance for businesses regarding the types of terms which may be declared void.   Background   In November 2016, the existing unfair contract term protections for individual consumers were extended to cover standard form contracts with small businesses.  The effect of this … Read more

Changes to smoking laws in Victoria

A ban on smoking in outdoor dining areas will come into effect as of 1 August 2017. The Tobacco Amendment Act 2016 (Vic) (Amendment Act) amends the Tobacco Act 1987 (Vic) (Act) so that no person may smoke in an outdoor area where food is being served. This will presumably include footpath dining areas, beer … Read more

Would you clean a portaloo for free WiFi?

UK-based technology company, Purple WiFi, recently gave consumers a salient lesson in why it’s important to read terms of use. What happened? Purple provides WiFi hotspots for various clients including retail outlets, restaurants and hotels. People visiting these venues can access the free WiFi provided they create an account and accept Purple’s terms of use. … Read more

Lululemon pinged for refusing refunds on lemons

Upmarket activewear brand, Lululemon Athletica Australia Pty Ltd (Lululemon), has caught the attention of the ACCC over its policy on refunds and exchanges. What happened? In May 2017, Lululemon’s returns policy (as published on its website) stated that no refunds or exchanges would be accepted on final sale items such as water bottles and underwear, … Read more

ASIC publishes consultation papers for guidance on crowd-sourced funding


Posted By on 26/06/17

By Clea Cole (Lawyer) and Kate Landells (Senior Associate) Last Thursday ASIC released two consultation papers which aim to assist: public companies; and crowd-sourced-funding (CSF) intermediaries (being CSF platform operators), to navigate the new CSF regime and their obligations under that regime, which is set to take effect at the end of September this year. … Read more

Health insurer misled customers – ACCC

Health insurer, NIB, is being taken to task by the ACCC, over alleged misleading and deceptive conduct and unconscionable conduct. What happened? NIB has provided a MediGap Scheme to its customers since the early 2000s. The Scheme pays higher benefits to practitioners who agree to participate, and in return those practitioners agree to not charge … Read more

The 2017 Budget: a win for start-ups!


Posted By on 17/05/17

By Clea Cole (Lawyer) and Kate Landells (Senior Associate) In last Tuesday’s budget papers, the Government committed to making it easier for start-up companies to raise capital by releasing draft legislation to extend the crowd-sourced equity funding regime (CSF) to proprietary companies in the form of the Corporations Amendment (Crowd-sourced Funding for Proprietary Companies) Bill … Read more