When the unfair contract terms provisions of the Australian Consumer Law were extended to apply to small business contracts in late 2016, some users of these contracts made no changes or took a fairly “light touch” approach to reviewing their template agreements. This is possibly because it was unlikely a dispute over whether a clause … Read more
Michael Cochrane (Special Counsel) and Adrian Faelli (Lawyer) share their insights on the latest trends in the gig economy. Last month, the Fair Work Ombudsman (FWO) decided to discontinue its well-publicised Federal Court underpayments claim against Foodora Australia following the company’s administration and subsequent exit from the Australian market. While gig economy businesses (and businesses … Read more
By Adrian Faelli (Lawyer) and David Robbins (Principal Solicitor) The ACCC has confirmed it will not allow Meredith Dairy to stop retailers from discounting its goat cheese products. The ACCC’s decision shows it will not lightly depart from the position that consumers are best served when retailers are free to set their own prices, and … Read more
In a landmark decision handed down by the High Court of Australia today, it has been ruled that a sperm donor, who donated sperm to a woman with whom he was not in a relationship at the time of conception, is legally the father of the child born as a result of that donation. Background … Read more
By Jessica McNamara (Senior Associate) and Fiona Trethewey (Principal) Sensis Pty Ltd (Sensis), one of Australia’s largest marketing and advertising businesses, has succeeded in a claim against New South Wales based marketing business, Senses Direct Mail and Fulfillment Pty Ltd (Senses Direct), for trade mark infringement. Trade mark infringement In a judgment delivered on 24 … Read more
By David Robbins (Principal Solicitor) and Laura-Jane Palma (Lawyer) The ACCC has succeeded in Federal Court action against Swiss-based online ticket reseller Viagogo, with the Court finding Viagogo’s advertising practices were false and misleading in breach of the Australian Consumer Law. Following hundreds of complaints received from disgruntled consumers, the ACCC’s case centred on a … Read more
KHQ Lawyers will promote Gina Capasso and Claire Brown, both from the firm’s workplace relations & safety group, to the role of principal solicitor, commencing 1 July 2019. Ms Capasso joined KHQ Lawyers in 2016, with a distinguished 20-year career at Ashurst and Gadens. Appointed initially as a team-lead for safety, she has made her … Read more
In April 2019, the High Court of Australia will hear an appeal regarding the legal parentage of a child born as a result of an artificial conception procedure from a known sperm donor. The case is significant, and the decision will potentially impact countless Australian families. Background The Applicants in this case are a lesbian … Read more
The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 has recently passed both houses of parliament and is now awaiting royal assent. The Bill was introduced in response to the perceived lack of a protection scheme applicable to whistleblowers in the corporate arena, and the complexities raised by the otherwise “confusing web” of existing whistleblower … Read more
