By Amelia Edwards (Senior Associate) and Adrian Faelli (Lawyer) A manufacturer of bottled alkaline water, endorsed by celebrity chef Pete Evans, has fallen foul of the advertising industry’s Food and Beverages Advertising and Marketing Communications Code (the Code). But, given the nature of the claims made in relation to this product, is this an issue … Read more
By Iain Irvine (Principal) and Jessica McNamara (Associate) Federal Court gives further direction on required content of annual marketing fund statements The Australian Competition and Consumer Commission’s recent investigations into the conduct of well known motor repairer, Ultra Tune, have resulted in the Federal Court ordering Ultra Tune to pay a penalty of $2,604,000 to … Read more
The founder of a Canadian cyrptocurrency exchange suddenly died overseas. His death has left about CAD$190 million (approx. AUD$200 million) of digital currency and tokens inaccessible through the QuadrigaCX exchange, according to court documents filed by his widow. Digital currency (ie cryptocurrency) is managed by the use of “private keys”. If these keys become lost … Read more
By Adrian Faelli (Lawyer) and Koula Politis (Senior Associate). On 21 January 2019, the French independent data protection agency, CNIL, fined US-based Google €50m (AUD $79.8m) for failing to provide users with transparent information concerning its data processing purposes, storage periods and ad personalisation. This marks the largest fine imposed under the EU’s General Data … Read more
By Darrell Choong (Lawyer) and Amelia Edwards (Senior Associate) Imagine this: there’s a blank space on your product, or website, and there is a nagging thought at the back of your mind that it should be filled up. You are unable to shake it off. Inspiration strikes. You decide to put up a banner proclaiming … Read more
This piece was co-written by Ines Kallweit (Principal Solicitor, KHQ Lawyers) and Susan Aufgang (Victorian Bar). It first appeared in the December edition of the Wills & Probate Bulletin published by the Leo Cussen Centre for Law. Introduction Australia is a multicultural country, where almost one in two of its citizens was either born overseas or … Read more
Many professionals regularly use the business-focused social networking site of LinkedIn to promote custom for themselves. The taxpayer in Fortunatow and FCT [2018] AATA 4621 failed to establish that his company was conducting a personal services business (PSB) under Divs 84 to 87 of the Income Tax Assessment Act 1997 (ITAA 1997) for the dispute years … Read more
The Federal Court recently ruled that encapsulation of imported supplements in Australia does not justify a “Made in Australia” label The Federal Court has ruled in favour of the Australian Competition and Consumer Commission (ACCC), holding that the encapsulation in Australia of imported fish oil and vitamin D is not sufficient to permit the capsules … Read more
For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Shared arrangements For young children, Christmas Eve and Christmas morning are full of excitement waiting for Santa, … Read more
