FAQs matching Competition & Trade Regulation

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What are the types of messages considered ‘commercial’ for the purposes of the Spam Act?

Practice Areas: Business & Commercial Law, Competition & Trade Regulation

Due to the fact that the Act legislates against commercial electronic communications, it’s essential to be familiar with the types of messages that...

When providing goods to a consumer, must the goods provided be of acceptable quality? And what does acceptable quality mean?

Practice Areas: Business & Commercial Law, Competition & Trade Regulation, Corporations Law, Franchises, Product Safety

Under the implied provisions of the Australian Consumer Law (the ACL), goods sold to the public are to be of acceptable quality, but on the proviso that...

What are the laws that govern international sales between businesses in Australia and overseas?

Practice Areas: Business & Commercial Law, Competition & Trade Regulation, Contract Drafting & Disputes, Trade & Customs

A contractual relationship between businesses located in Australia and overseas may be governed by the provisions of the United Nations Convention on...

What is the Australian Consumer Law?

Practice Areas: Competition & Trade Regulation, Telecommunications, Media Law, Marketing & Advertising

The Australian Consumer Law (ACL) is the product of a cooperative reform effort between the Commonwealth Government and the States and Territories. From...

Am I being singled out with predatory pricing?

Practice Areas: Business & Commercial Law, Competition & Trade Regulation

I own a small shoe store and last year a large shoe company moved down the road offering a 25% discount that I could not match. This year, they are selling...

I've just received a copyright infringement notice from my ISP. What does this mean? Will I be sued?

Practice Areas: Business & Commercial Law, Competition & Trade Regulation, Intellectual Property, Telecommunications, Media Law, Entertainment

  I've just received a copyright infringement notice from my ISP. What does this mean? Will I be sued? Internet service providers (ISPs) are required...

We sell rugs that are packaged in Australia, Are we able to claim they are produced or made in Australia?

Practice Areas: Business & Commercial Law, Commercial Litigation, Competition & Trade Regulation, Trade & Customs

Question in full: My husband and I own a small business selling rugs from Europe. We import the rugs into Australia. We pay our supplier in Europe in Euros,...

Will a confidentiality agreement be enough to protect my trade secrets?

Practice Areas: Business & Commercial Law, Commercial Litigation, Competition & Trade Regulation, Contract Drafting & Disputes, Employment Law - Worker Perspective, Intellectual Property

Proving a breach of confidentiality under common law can be complex and potentially more costly than defending registered rights. Contractors and employees...

What is resale price maintenance?

Practice Areas: Business & Commercial Law, Corporations Law, Competition & Trade Regulation

Resale price maintenance is a type of price fixing which eliminates competition as defined by section 96 of the Trade Practices Act 1974 (Cth) (the Act). According...

What is passing off?

Practice Areas: Business & Commercial Law, Competition & Trade Regulation, Trade & Customs, Intellectual Property

The tort of passing off applies where there is a representation that a person’s goods or services are those of someone else.  To establish passing...

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