Navigating Commercial & Consumer Law

The Competition and Consumer Act 2010 (Cth) (CCA) will likely apply to almost every trading business. The CCA governs many aspects of a trading business’ operations, from price setting, advertising and marketing claims, product packaging, dealings with competitors and product and service warranties.

Compliance with the CCA ultimately requires a holistic understanding of your obligations in relation to the way in which you interact with your customers and your competitors.

Our competition experience covers:

  • Competition and anti-competitive behaviour
  • Resale price maintenance
  • Exclusive dealing
  • Pyramid selling
  • Restraints of trade

How can Kalus Kenny Intelex help?

Our consumer law experience covers advice and compliance training in respect of:

  • Advertising and selling including reviewing product packaging and marketing campaigns
  • Misleading and deceptive conduct
  • Online reviews
  • Packaging and labelling requirements
  • Country and place of origin claims
  • Pricing obligations including in respect of:
    • Multiple pricing
    • Requirements when offering discounts
    • Price comparison advertising
    • Bait advertising
  • Consumer guarantees and drafting warranty documentation
  • Product safety and facilitating national recalls
  • Compliance reviews against mandatory standards
  • Unfair contract terms
  • Trade promotion lotteries
  • Franchising and licensing

From our Knowledge Base

New approach to sponsorship deals is ‘An act of God’

New approach to sponsorship deals is ‘An act of God’

The recent widespread fallout between sponsors and sporting codes is forcing a rethink of how events, such as a global pandemic and government intervention, are dealt with in future commercial contracts. According to Australian sports law firm, Kalus Kenny Intelex...

The King of the Mountain – with a twist

The King of the Mountain – with a twist

This weekend will see a new king of the mountain crowned as the winner of the coveted Bathurst 1000. However, this year will be different. It will be done without the normal crowds due to the impacts of COVID-19, the race will be the final event in the shortened...

Does your franchise agreement contain unfair contract terms?

Does your franchise agreement contain unfair contract terms?

Franchise Agreements are governed by both the Australian Consumer Law (ACL) and a mandatory prescribed industry code called the Franchising Code of Conduct (Code), which is enforced by the Australian Competition and Consumer Commission (ACCC). The ACCC recently...