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The law around refunds in Australia: Some tips for online businesses
Sharon Givoni Consulting Consumer Law, Internet Law
Refunds are an important aspect of consumer protection in Australia, and it is crucial for businesses to be aware of their legal obligations when it comes to offering refunds to customers. This blog explores some of the legal considerations that apply when giving a refund in Australia, including the impact of Australian Consumer Law, the […]
Amelia won a car in an online lottery, but it was taken away. Here’s what to look for if you’re entering a raffle
Sharon Givoni Consulting Consumer Law
From buying a raffle ticket in support of your local footy club, or dreaming of winning a multi-million-dollar lottery, trying your luck can be alluring. But beyond the luck element, there are strict rules across Australia designed to make sure there’s a level of fairness and transparency afforded to those who enter competitions large and […]
Legal Ease not Legalese. Plain English: What is it and why do we need when it comes to the law?
Sharon Givoni Consulting Consumer Law
Plain English: What is it and why do we need when it comes to the law? By far one of my favourite quotes is one by Blaise Pascal, a French mathematician, physicist, and philosopher who said something on the lines of: “I’m sorry for writing such a long letter, but I didn’t have time to […]
Trade Promotions & Lotteries – the Laws
Sharon Givoni Consulting Commercial and Contracts, Consumer Law
At Sharon Givoni Consulting we believe in proactive law which is based on the philosophy that legal knowledge is at its best when applied before things go wrong. In Australia, trade promotions and lotteries are regulated by the Australian Consumer Law (ACL) and the State and Territory legislation. “You could buy 100 lottery tickets and […]
Does your business have a good set of website terms and conditions? If not you need to read this…
Sharon Givoni Consulting Commercial and Contracts, Consumer Law, Internet Law
If your business is online, terms and conditions are a must. They are an electronic contract that is legally binding between you and your customers. Specifically, they govern what customers or users must comply with in order to access and use your website. What is the law? The Australian Consumer Law (ACL) requires businesses with […]
Dark Patterns: User interfaces that make consumers buy and buy more. What are the laws and are dark patterns illegal?
Sharon Givoni Consulting Consumer Law, Intellectual Property, Internet Law
Have you ever been in a situation where you are buying things online and find it really easy to sign up but a real challenge to get out of it? Maybe an online subscription service for example that makes it difficult for users to cancel? Other examples of dark patterns that internet users may come […]
Employees and Personal Emails – Breaching Employer Intellectual Property?
Sharon Givoni Consulting Consumer Law, Internet Law
Employers beware – employees and personal emails could be breaching your IP! One question we often get asked is: whether it is a breach of copyright for employees to email copyrighted works from a work email address to a personal email address. Employees and Personal Emails – What is the law? The leading case […]
Plain Packaging and Tobacco – We’ve Got It Covered
Sharon Givoni Consulting Consumer Law, Trade marks
Plain Packaging and Tobacco Australia’s law goes much further than the advertising bans and graphic health warnings seen in other countries when it comes to plain packaging and tobacco. Plain packaging and tobacco refer to packaging that requires the removal of branding. It bans distinctive logos and distinctive-coloured cigarette packaging in favour of drab brown packets […]
Unfair contract terms – how could they affect you?
Sharon Givoni Consulting Consumer Law
On 2 November 2016, a new law, Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015 (Cth), came into effect. The aim was to protect small businesses from unfair terms in business-to-business standard form contracts. This law applies to standard form contracts that are either entered into, varied on or after, or renewed […]
Stranger things have happened – Netflix writes funny cease and desist letter
Sharon Givoni Consulting Consumer Law, Copyright, Entertainment Law, Film, Intellectual Property
When Sheriff Hopper knocks – Netflix cease and desist letter gets media attention The words “cease and desist” letters often get used in intellectual property matters. We think of bigwigs in Hollywood going after fans and creators of fan fiction, sending cease and desist letters threatening legal action if people are using content without appropriate […]