Insights

Latest articles & upcoming events

Court rules Meriton manipulated online reviews

The Federal Court has found that Meriton Serviced Apartments (Meriton) engaged in misleading and deceptive conduct regarding online reviews of its properties posted on the TripAdvisor website. Background to the case TripAdvisor provides a “Review Express” service to participating businesses.  A participating business provides TripAdvisor with the contact details of customers who have consented to … Read more

Court rules Binding Financial Agreements invalid

In the recent decision handed down by the High Court of Australia in Thorne v Kennedy, the enforceability of Binding Financial Agreements was considered.  This decision has been eagerly awaited by the family law community due to the ramifications for parties and practitioners regarding existing and future Binding Financial Agreements. Background This case involved a … Read more

Franchise systems benefit from competition law changes

Profit opportunities for franchise systems arising from changes to competition laws When your franchise system was established, considerable thought was given to the profit centres it would create and achieving from them a return satisfactory to the system and/or its shareholders, which at the same time provided an acceptable income to your franchisees to justify … Read more

JOY Law: intersex people and the law

On this episode of JOY Law, I spoke about legal issues affecting intersex people, including: historic and current legal rights; parental decisions about “special medical procedures” (and what these are); birth certificates and assigning gender at birth; the definition of “intersex”; and state-by-state differences in legal rights relating to intersex people. Listen to the podcast … Read more

AFS licence holder cops penalty for breach of the best interests duty

By Josephine Mammone (Trainee Lawyer), Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On 27 October 2017, the Federal Court imposed a significant penalty, totaling $1 million, against financial services firm NSG Services Pty Ltd (NSG) in what ASIC has described as ‘the first civil penalty imposed on a financial services licensee for breaches … Read more

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