Corporate & Commercial Articles

KHQ News & Insights

How to deal with negative customer reviews


Posted By on 7/06/18

As your mum used to say, ‘sticks and stones may break your bones, but negative customer reviews might break your business’ (or something along those lines, anyway). The ACCC recently announced that Wisdom Properties Group Pty Ltd received a firm slap on the wrist – and a court-enforceable undertaking – requiring it to remove certain … Read more

GDPR – impact on Australian businesses


Posted By on 7/06/18

On 25 May 2018, changes to the European Union’s General Data Protection Regulation (“GDPR”) came into effect requiring organisations all over the world (including businesses in Australia) to provide a high level of protection to the personal data of individuals in the EU, and allow those individuals to maintain better control over their personal data. … Read more

Notifiable Data Breaches Scheme – are you ready?


Posted By on 1/02/18

By Naomi Stephens (Paralegal) and Amelia Edwards (Lawyer) The Notifiable Data Breaches Scheme, established under the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), comes into effect on 22 February 2018.  The Scheme imposes obligations on entities and organisations which hold personal information in relation to known or suspected data breaches. Who is caught by … Read more

Insolvency reforms set to benefit directors & companies


Posted By on 16/01/18

By James Allen (Lawyer) and Venn King (Special Counsel) On 18 September 2017 the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) received assent, introducing significant reforms to Australia’s insolvency and restructuring laws. The reforms introduce two concepts to protect both directors and companies during periods of significant financial distress: “safe … Read more

Federal Court rules on unfair contract terms


Posted By on 1/11/17

By Chrystie Siapkas (Lawyer) and Paul Welling (Principal Solicitor) 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 … Read more

Director Identification Number to battle phoenixing activities


Posted By on 12/10/17

Last month, the Honourable Kelly O’Dwyer MP announced that the Turnbull Government would be introducing new laws in a bid to crack down on illegal phoenixing activities that cost the Australian economy up to an estimated $3.2 billion per year. What are phoenixing activities? “Phoenixing” occurs when individuals or entities deliberately strip assets from one … Read more

Would you clean a portaloo for free WiFi?


Posted By on 1/08/17

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


Posted By on 26/07/17

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