Podcasts about Australian Consumer Law

Belle Gibson convinced the world she was a wellness warrior—a survivor who beat terminal brain cancer through clean eating and alternative medicine. Her story made her a star, landing deals with Apple and Penguin and amassing a global following. But there was just one problem... she never had cancer. In this episode of Crime Insiders | Judgements, we uncover what happened when the truth caught up with her—the court cases, the fines, the missing thousands, and the staggering deception that left charities and consumers betrayed.See omnystudio.com/listener for privacy information.

In this the first of 5 conversations with regulators from our 2024 Digital Future Summit, ACCC Chair Gina Cass-Gottlieb tells KWM's Luke Woodward that consumer trust is the lifeblood of competitive markets for the ACCC.  She explains why the ACCC is prioritising consumer trust and fair competition amidst the rise of digital platforms, with a keen eye on long-term market trends.Top takeaways:The ACCC supports the government's review of whether Australian Consumer Law adequately covers new technologies like generative AI. Generative AI could lead to misleading and discriminatory behaviour, which the ACCC must address. The ACCC has built expertise in the digital sector since 2017. This allows it to track key players and trends, focusing on long-term issues rather than short-term distractions.Agility is critical. Businesses quickly adapt their models, and the ACCC must identify potential competition or consumer issues in these changes.Innovation from established digital platforms is welcome – but the ACCC is watching to guard against dominant players limiting rivals' innovation or favouring themselves.The ACCC works with domestic regulators and international competition bodies to share information and monitor developments, like the EU's Digital Services Act and Digital Markets Act.

Think back to when you started your business. I bet you were full of excitement, and nervousness. So maybe, like a lot of people, you looked around at successful businesses and decided to follow their lead. It makes sense, I mean if it's working for them, it should work for you too, right? Wrong.When you look at another business, you're only seeing the surface.Even if things look good from the outside, you can't be sure their methods are strategically or legally sound, and copying them could set you up for trouble.One common mistake I see is in the sequencing of contractual documents and invoices. For example, tools like Dubsado make it easy to send a proposal that, once accepted, automatically generates an invoice, and then the client receives the contract.While it might seem convenient, it's not compliant with Australian Consumer Law, and doing so can invalidate your agreements. As a service provider, you must provide your terms and conditions or agreement before your client decides to engage you. If you later need to rely on those terms, they won't be enforceable because the client didn't agree to them upfront. This small sequencing error can have big consequences. Each business is unique, and what works for one might not work for another. I work closely with my clients to ensure that their onboarding processes, documentation, and service delivery sequence are customised to suit how their unique business operates. Not only does this keep you compliant with the law, but it also reduces misunderstandings with clients. Another mistake I see comes from businesses selling services online—think courses, memberships, or subscriptions. The business owner gets so excited to launch that they send out the sign-up link before having the necessary terms and conditions in place. They often think they can apply these terms retrospectively, but that's far from the truth.Participants must have the opportunity to read and agree to these terms before paying for the service. If you miss this step and need to play catch up, you'll have to offer refunds to those who disagree with the terms subsequently introduced. So, make sure your terms and conditions are properly in place before any sales or sign-ups occur.The message here is simple: copying their practices without professional insight can leave you exposed to legal risks and undermine your professional credibility. Take the time to invest in professional advice to ensure your business is not just legally compliant but set on a path for sustainable success.LINKS:Episode Website:  https://tmsolicitor.com.au/rise-up-in-business-podcast/just-because-others-do-it-doesnt-mean-its-rightDiscover the Masterclass Series hereCheck Your Legals with the Essential Legal Checklist hereBook a Free 20-minute Initial Consult with me hereJoin me on Instagram here

To book an exclusive spot in our High Performance Leadership summit head here: https://www.trialtitudeperformance.com.au/registration1660014924140Trigger warning: this episode discusses domestic violenceOur guest for this episode is someone whose tenacity and ingenuity helped them overcome a big personal hurdle, but also helped them take on a challenge to help other Australians as well. Ashton Wood runs DV Safe phone, a charity that gets safe phones into the hands of domestic violence survivors AND he has also lobbied to change the Australian Consumer Law to better protect new car buyers in Australia. With no formal training or experience in Consumer Laws or domestic violence his attitude is “if not me, then who?”In this episode Ashton shares:How one person can make a huge differenceHow he took a stand and publicly destroyed his lemon of a car to call out the company after they stuffed him aroundThe importance of having a voice for people who don't have a voiceWhy you have to take the harder road to get an outcomeHow he was donating goods, but they needed phones for victims so he decided to start a charity, to donate phones to victims of domestic violenceThe unbelievably high number of how many phones are needed by DV survivorsThe importance of new phones for those fleeing a domestic violence situationKey Quotes“I was shocked to hear what happens in the life of a domestic violence survivor, the phones can be tracked, and the only real way to get them safe is to get them a new phone”“If a victim doesn't have a phone how do they make a call to enact the plan and get safe.”More aboutYou can connect with Ashton via linkedin: https://www.linkedin.com/in/ashtonwood/To find out more about DV safe phone, you can go here: https://dvsafephone.org/You can also find them on socials. Facebook: https://www.facebook.com/DVSafePhone/ Instagram: https://www.instagram.com/dvsafephoneYou can get involved with the podcast onlineTo try out our resilience course: https://www.challengesthatchangeus.com/surviving-2-thriving-course1On facebook in our community: https://www.facebook.com/groups/challengesthatchangeusOr on Instagram: @challengesthatchangeusIf you want to contact the podcast, email us here: support@challengesthatchangeus.comOr check out our website: www.Challengesthatchangeus.comIf you want to find out more about what Ali does, check out her business via the website: http://www.trialtitudeperformance.com.au For her other business you can find it through the websites: www.altitudefitnessarmidale.com.au Hosted on Acast. See acast.com/privacy for more information.

There have been some big changes this month to do with the rules that govern your contracts in business. And I know - listening to facts about Australian Consumer Law can be dry. However, staying up to date with this is crucial to ensure your business avoids the risk of any legal pitfalls. In this episode, I talk you through the recent amendments to the law and how these impact small businesses - and trust me, you can't afford to get this wrong. A new piece of legislation came into effect on 9 November, which brings in some new rules that apply to every small business. Those with less than 100 employees or under 10 million in annual turnover are regarded as small businesses. So, if this is you and you're issuing agreements to your clients, you need to take great care to ensure that the terms you include in those agreements aren't unfair.The new penalties for unfair contract terms are huge - and should someone be unhappy with what's in your contract, the court can absolutely impose them. I dive into real-life contract scenarios to illustrate what constitutes an unfair term, making it easier to identify and rectify similar issues in your own contracts. The key takeaway? Both parties in a contract should have equitable rights and opportunities, and contracts should be flexible enough to adapt to changing business or client needs.If you're a long-time listener of this podcast, you'll have heard me say a lot that prevention is better than cure. And with these recents changes in the law, it couldn't be more relevant. Whether you used a template, consulted Google or engaged a professional to draw up your legals, it's time to do a review and check that they're compliant. Having confidence in your legal documents will give you that much-need peace of mind, knowing that they will stand up in court and protect you if ever challenged.LINKS:Connect with Tracey: Get your copy of my Annual Legal Checklist hereCheck out my Getting Paid Made Easy course hereWebsite:     tmsolicitor.com.auInstagram:https://www.instagram.com/tmsolicitor/Book a Strategy Session with me here

In our EMEA regulatory insights series colleagues from our EMEA offices provide an update on the key regulatory issues they are seeing in their local market. In this third episode James Morris from our Sydney office discuss what they are seeing in the Australian market touching on reforms to payment systems regulation, buy now pay later, ASIC's Corporate Plan for 2023–2027 and reforms introduced to the Australian Consumer Law.

This week, taking your calls on issues with iOS and accessibility, Australian Consumer Law , Great mobile plans and getting your app idea off the ground. Plus, I talk to Lee Hunter, the Aussie boss of Tiktok about all the drama going on right now. Should TikTok be banned? What next for Aussie political enquiries?

This week, taking your calls on issues with iOS and accessibility, Australian Consumer Law , Great mobile plans and getting your app idea off the ground. Plus, I talk to Lee Hunter, the Aussie boss of Tiktok about all the drama going on right now. Should TikTok be banned? What next for Aussie political enquiries?

What's it like driving the Porsche 911 GTS? AMAZING - so let me brag about that a bit. Plus, saving you money - another caller looking to switch and save, finding great savings on mobile and broadband. And other calls including a great result on a broken TV.

What's it like driving the Porsche 911 GTS? AMAZING - so let me brag about that a bit. Plus, saving you money - another caller looking to switch and save, finding great savings on mobile and broadband. And other calls including a great result on a broken TV.

One of my favourite topics to talk about is the Australian Consumer Law and it's a topic that a lot of small business owners ask me about. What exactly is it and does it apply to me? So, today I'm demystifying the Australian Consumer Law because it's very likely that you're asking some similar questions. In this episode, I discuss what the Consumer Law is and why it's absolutely vital that you do everything necessary to comply with this law. Otherwise, should someone request a refund, cancellation, or worse - damages, you'll be left wide open with no leg to stand on and unable to defend yourself. I explain how to go about making sure that your business complies with the Australian Consumer Law, particularly by looking at your legal documents, systems and processes and ensuring that you issue your terms and conditions at the right time in the right way. Regardless of what type of business you have, if you offer products or services to consumers within Australia, the Australian Consumer Law applies to you. I discuss some of the misconceptions surrounding this law and touch on what can happen if your business does not comply. I also talk about how compliance is for the benefit of both the consumer and you as a business owner. Knowing that you have met your legal obligations under the Australian Consumer Law will leave you in a position of strength, should the worst case scenario happen. It does happen but my hope is that it won't happen to you if you've been listening to this podcast and making sure your legal documents and processes are in order. LINKS:Get your copy of my Annual Legal Checklist hereJoin The Legally Empowered Entrepreneur Masterclass Series hereWebsite:tmsolicitor.com.auInstagram:https://www.instagram.com/tmsolicitor/Book a Strategy Session with me here

Choice has done some secret shopping and revealed how bad we're being misled over our consumer rights when it comes to warranty, the need for extended warranty and more. Trev and Steve talk about their views on Extended Warranties, Trev tries to sell Steve on one, and discuss the challenges with Australian Consumer Law. Plus, The problem with cheap crap and why Lithium battery fires are a worry we all need to know a bout. And Star Wars, of course.

Your car starts making noises and you're forced to take it to the dealership where you're potentially going to be asked to pay a fee to diagnose the problem. Where do you stand under Australian Consumer Law and who should really stump up this cost? Well, it depends, of course... OLIGHT DISCOUNT! (These are awesome.) Get 12% off here >> Use code AEJC Save thousands on any new car (Australia-only) by contacting me via AutoExpert.com.au here >> Help support my independent reporting, securely, via Patreon here >> AutoExpert discount roadside assistance package (with no joining fees) here >> On Bullshit by Harry G Frankfurt >> F*#king Apostrophes textbook: https://amzn.to/3IpskpA Did you like this report? You can help support the channel, securely via PayPal here >>

Australians are spending $3.86bn a month to stay connected and entertained – how you can save money, we ride the Vegas Loop in a Tesla and tell you how this could become the future of transport and we take a look at the world's first digital temporary tattoo printer, we take a look at Skullcandy Push Active Sports earphones, the fixed wing UAV that can take off and land like a drone and which masterpiece film is being released on 4K to celebrate it's 50th anniversary. And we'll answer all your questions in the Tech Guide Help Desk.

During this session our diverse group of panellists, including representatives from the ACCC, Telstra and Choice, explored the impact of the ACL on corporate Australia, the role of enforcement as compared to other forms of regulatory persuasion, the management of ACL risks within a large organisation, the interaction between the ACL, ACCC enforcement and consumer class actions as well as anticipated changes to the ACL expected in the coming 12 months, including changes to the Unfair Contract Terms regime. Moderated by Linda Evans, Regional Head of Practice (CRT) Australia, who was joined by: Delia Rickard, Deputy Chair, Australian Competition & Consumer Commission Michael Ackland, Group Executive, Consumer and Small Business, Telstra Erin Turner, Director - Campaigns & Communications, Choice Patrick Gay, Partner, Herbert Smith Freehills This podcast briefing is also available to watch as a video, which you can access here: https://www.herbertsmithfreehills.com/latest-thinking/australian-consumer-law-10-years-old-and-really-growing-up

Lockdown is tough, and it's going on, and on, and on, and on, and on - you get it. Lots of calls this week, we cover everything from Australian Consumer Law through to Smart TVs Buying advice for the Mother in Law that could save hundreds, and solutions to restrict kids screen usage, but also, how to cut them some slack.

Lockdown is tough, and it's going on, and on, and on, and on, and on - you get it.Lots of calls this week, we cover everything from Australian Consumer Law through to Smart TVsBuying advice for the Mother in Law that could save hundreds, and solutions to restrict kids screen usage, but also, how to cut them some slack.

Ben Lazzaro is CEO of Australian Made Campaign Limited  which administers the globally recognised Australian Made Logo. It's a very famous logo and a true mark of Aussie authenticity and has been around for 30 years. And right now it's more popular than ever and the opportunities for #SMEs are significant.Being Australian and making Australian products is generally a positive in most markets, including domestically, so when you're buying Australian made products you're getting products made to some of the highest standards in the world, and that's from a quality and a safety perspective. And in certain sectors that's never been more important than right now.Ben Lazzaro has a background in engineering, moved into doing marketing and communications for engineering and technical based firms and has been CEO since 2017 .In our discussion we talk about;How the Green & Gold Kangaroo does the heavy lifting  because it is unique to AustraliaThe Australian Made Logo as a  country of origin product certification trademark.How products are licensed to carry this brandThe criteria (set by Australian Consumer Law) and the laws that govern making a Made In Australian claimThe mechanics of the substantial transformation testThe cost of using the logo which is essentially 1/10 of 1% of the turnover of those productsHow the money raised gets pumped back into the campaign on compliance, auditing, things like that to protect the integrity of the brand, chase down misuse and the collective marketing campaignThe extremely pro Australian sentiment in the marketplace at the moment (which started  as the COVID pandemic starts to take hold) and the reasons behind thisSaving jobsThe imbalance between local and imported products and over reliance on importsThe massive (400%) growth in applications to use the Australian made logoThe simple process for applyingHow small businesses use the logoThe 34 classes of goods in Australia that can apply to use the brandHow #KidsClub ( teaching resources on our website) is growing the understanding of the positive attributes associated with buying AustralianThe upside in Australia's clean great environmentEthical labor and sustainability.The research that found around 87% globally knew that this thing (the logo) meant there was an Australian produc and that even if they don't know our brands specifically, they know it's Australian, they know it's green and goldThe business opportunities and using the kangaroo in social media to grow a global audienceThe opportunities domestically with 99% of Australians recognising and 92% trusting products carrying the Australian Made Logo#manufacturingsovereignty #selfsufficiencyInvesting in our local manufacturing capability - something that is a positive outcome from Covid-19 for Australian manufacturing with that focus on sovereignty, and self sufficiency, potentially giving Australian manufacturing be a bit of a positive 'jab in the arm'The renewed focus from government, and a lot of funding, to generate manufacturing and manufacturing 4.0How smaller manufacturers that will benefit from the fact that we're going to invest in skills hereOpportunities in electric cars, electric busesHow Volvo Trucks in Queensland is turning out 60,000 trucks carrying Australian made logo with, I think, half a dozen sites out there in Waco, Brisbanewww.kerrcapital.com.auhttps://australianmade.com.au/#Australianmade #madeinAustralia#growninAustralia #productofAustralia#Australianmadelogo#thegreenandgoldkangaroo#globalconsumers #qualityproduce   

In this season of the podcast, I'm focusing on giving you real-life examples of my clients to help bring some context around the recommendations that I've been making throughout the last 2 seasons. A lot of these clients unfortunately engaged my services when they found themselves in sticky situations but hopefully, their experiences can help you avoid the same pitfalls.In this episode, I talk about the all-important Terms and Conditions and what can happen if you don't have them in place. I discuss how having carefully prepared Ts & Cs makes it easy to navigate through payment disputes, refund and cancellation policies and what your obligations are under the Australian Consumer Law.I share the example of a client of mine who, having no Ts & Cs in place, relied only on emails and phone conversations to provide a service to her client. You'll hear what happened when a misunderstanding took place and how it cost her not only financially but also the loss of a business relationship.As I always say, prevention is better than cure. You'll never regret doing the work up front to get your business documents in place. And hopefully, you'll never have to call your business lawyer to get you out of a sticky situation.LINKS:Website:tmsolicitor.com.auInstagram:https://www.instagram.com/tmsolicitor/Facebook:https://www.facebook.com/traceymylecharanesolicitor

  Visitors to Alice Springs, a town in Australia's red centre, have been greeted by an unusual sight since the beginning of the COVID-19 pandemic. The town is also now the temporary home of Singapore Airlines A380s, Cathay Pacific 777s, and many other airliners grounded by the pandemic. In total, there are now around 150 planes parked beside Alice Springs Airport at the Asia Pacific Aircraft Storage (APAS) facility, which takes advantage of Alice Springs' ideal climate for long-term aircraft storage. This episode takes a deep dive into what's been dubbed the Alice Springs "plane graveyard". Also in this episode, Rex begins Boeing 737 services connecting Australia's capital cities. What's the Rex in-flight experience like, and does the new entrant have what it takes to reshape Australia's domestic aviation market? And Matt explains what Australian Consumer Law says about your legal right to a refund if an airline cancels your flight in Australia.   Episode contents: 1:05 - Fortnightly news round-up 13:47 - The Asia Pacific Aircraft Storage (APAS) facility at Alice Springs 24:28 - Rex begins Boeing 737 flights between Australian capital cities 28:26 - Virgin Australia's new Adelaide lounge 29:57 - Are you legally entitled to a refund for cancelled flights?   Links: AFF on Air Discussion thread - a dedicated AFF thread to discuss the podcast and ask questions Entrepreneur builds an aircraft ‘boneyard’ in centre of Australia (Financial Times article) Inside the abandoned rotting Thomas Cook planes that were so mouldy they had to be torn apart (The Sun article) Upcoming Frequent Flyer Solutions webinar - "New Opportunities to Buy Airline Miles in 2021", at 8pm on 24 March 2021   Frequent Flyer Gazette articles referenced in the fortnightly news round-up: Rex Melbourne-Sydney 737 Flights Start Rex to Launch Boeing 737 Flights to Adelaide & Gold Coast Rex Shakes Up Regional Network in Response to Qantas “Predatory Moves” Australia’s COVID-19 Vaccine Rollout Has Begun Australia Extends Outbound Travel Ban Until 17 June 2021 Qantas Now Plans to Restart International Flights in October 2021 Qantas Wine Sales Boomed During COVID-19 Lockdowns Virgin Australia Opens New Lounge in Adelaide Get 30% off Qantas Sydney-Melbourne Reward Flights [March 2021] Qantas Launches “Mystery Flight” Adventures

ACCC puts brands on notice over Covid claims The Australian Competition & Consumer Commission (ACCC) has put brands on notice after it commenced proceedings in the Federal Court against Lorna Jane Activewear for alleged false and misleading claims in breach of Australian Consumer Law. Lorna Jane made claims online and in-store that said: “With Lorna Jane Shield on our garments it means that we were completely eliminating the possibility of spreading any deadly viruses” and “LJ Shield - Protecting you with ANTI-VIRUS ACTIVEWEAR”.  Lorna Jane’s founder is also in trouble for allegedly misleading personal Instagram posts in a similar vein. Commercial Lawyer, Steven Brown, explains why the ACCC might be troubled by such claims during a pandemic and has some advice for consumers when faced with advertising or marketing claims that push the boundaries of belief.

Tom Chapman, Consumer Protection Officer in the Kimberley talks about the need for Australian Consumer Law on its 10th anniversary. The laws cover things that seem like common-sense but they ensure our rights can be enforced with consistent treatment Australia-wide. Consumer Protection have helped consumers achieve $400 million of redress so get in touch if you're not getting satisfaction with your complaint! Listen to find out how.

Mazda Australia will launch an allegedly track-ready MX-5 this January, but it appears to have shot itself somewhat hilariously in the wedding vegetables in doing so. Save thousands on any new car (Australia-only): https://autoexpert.com.au/contact AutoExpert discount roadside assistance package: https://247roadservices.com.au/autoexpert/ Did you like this report? You can help support the channel, securely via PayPal: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=DSL9A3MWEMNBW&source=url Mazda Australia was apparently looking for a cheap way to sex-up the ageing MX-5 for 2021. So they added some front Brembos with, they claim, 26 per cent greater fade-resistance, plus 17-inch forged alloy BBS wheels and a strut brace. Glorified bolt-ons. But just enough to justify calling it the new MX-5 GT RS. There’s also wireless Apple Car Play and a new blue colour in the range, as well as black caps on the wing mirrors - be still, my beating heart. “The Mazda MX-5 is the embodiment of Mazda’s Zoom-Zoom philosophy,” - Vinesh Bhindi. Big Bhindi is the administrative type who counts the beans at the top of Mazda’s local import shop. I’d respectfully suggest to B-Squared that ‘Zoom-Zoom’ is a philosophy in exactly the same way that the menu at the local Cantonese takeaway is literature... Anyway, here’s where the fun starts: “...the MX-5 GT RS models are a natural fit for club motorsport use... Hold that thought. It’s from the official press release, dated yesterday. “Augmenting these upgrades are sophisticated Bilstein gas-pressurised dampers that are designed to deliver track-ready grip and feedback…” That’s also from the press release. However, on Mazda Shitsville’s official warranty page, section 8: “What is not covered by this warranty?” 8.1: “Racing” Specifically: “Use of the Mazda Vehicle in competition racing or related purposes.” ‘Competition racing.’ Really? Like, show me the racing that’s not actually competition. So there’s that. And what exactly, I wonder, are these ‘related purposes’? Safety car? Display car at a track event? Is a ‘related purpose’ a driver training day on a racetrack, or a skidpan, or a hill climb, or a personal track session at an open track day? In any case, here’s a car about which the manufacturer publicly claims (quote) ‘track-ready grip and feedback’ and which is (quote) a ‘natural fit for club motorsport’ - but it seems if you actually do this with your new MX-5 GT RS you are at risk of voiding the warranty, at least as it is currently written. Oops a daisy. The delicious irony here is found in the detail of Australian Consumer Law. Specifically the legislated guarantee of ‘acceptable quality,’ which says, in part, that consumer goods, including cars, must match descriptions made about them in promotions or advertising. And if the business fails to deliver these things, then, according to the ACCC, you have legislated consumer rights for repair, replacement or refund, plus compensation for damages or loss. These rights exist irrespective of the warranty status. So it seems to me Mazda Shitsville has painted itself deliciously into something of a corner with this allegedly track-ready car that is allegedly a natural fit for club motorsport, despite offering a warranty that is apparently voided by doing exactly these things with it...

Why you don’t need to waste your money on extended warranties, the industry move to combat scam calls, in the Celebrity Tech segment we talk to Australian cricket legend and avid photographer – the one and only Steve Waugh, we take a listen to the new Jabra Elite 85t noise cancelling earphones, Apple names its top apps of the year, we round up some more Christmas Gift Ideas and we answer your tech questions in the Tech Guide Help Desk.

In previous episodes, I've talked a lot about Business Legals and why it's so critical to get them tailored to suit your unique business.  In today's episode, I dive deeper into one aspect of the Business Legal framework to talk about Business Terms and Conditions and the Australian Consumer Law.  I'll be focussing on service-based businesses for this episode but will dedicate a future episode to eCommerce businesses a little later in the season.I break down in simple terms what the Australian Consumer Law is, who it applies to and I share 3 key points that summarise the main objectives of the law. I discuss why getting your Business Terms and Conditions right is vital and share an overview of the things small businesses need to comply with in terms of standards, safety and fairness.We don't know what we don't know but understanding your obligations is critical if you want to avoid reputational damage and financial consequences if you don't comply. This is why surrounding yourself with a team of experts who know the ins and outs of the law is one of the wisest decisions you could make in your business.LINKS:Website: tmsolicitor.com.auInstagram: https://www.instagram.com/tmsolicitor/Facebook: https://www.facebook.com/traceymylecharanesolicitor

Today's episode looks at charitable promises made by businesses, and how misleading marketing could cost you millions. Emma Connolly and Lachlan Hallab particularly look at eyewear retailer Oscar Wylee, who was fined $3.5 million for contravening the Australian Consumer Law.

Ticket reseller Viagogo has been fined $7 million for misleading Australian consumers with Google advertisements, added fees and claims about the scarcity of tickets. The Australian Competition and Consumer Commission (ACCC) took Viagogo to court over its practices when reselling tickets for entertainment, music and live sport events. Last year, a Federal Court judge found the Swiss-based company had breached Australian Consumer Law and made false or misleading representations. Justice Stephen Burley on Friday ordered Viagogo to pay a penalty of $7 million, saying some of the misrepresentations were "on an industrial scale". The judge issued an injunction which prevents the company from continuing the offending conduct and ordered Viagogo to take part in a compliance program. Costs were also awarded against Viagogo. Thanks for listening! Be sure to subscribe for more content. Like Homebrewed on Facebook Follow Homebrewed on Instagram Check out Homebrewed Selects on Spotify Catch up on everything Homebrewed Homebrewed is a radio program and podcast dedicated to supporting the Australian Music Industry. Cameron Smith and Eamonn Snow have been presenting Homebrewed since November 2017 and have received excellence awards and the admiration of local bands for their presentation of Homebrewed and their continued support of the Australian music scene. This podcast is designed so you can enjoy conversations with musicians, industry representatives and music media personalities.

This new Mitsubishi 10-year warranty … let’s just say, if it walks like a duck and talks like a duck, good thing we didn’t step in it. Worst new car warranty ever. Complain to the ACCC: https://www.accc.gov.au/contact-us/contact-the-accc/make-an-enquiry Save thousands on any new car (Australia-only): https://autoexpert.com.au/contact AutoExpert discount roadside assistance package: https://247roadservices.com.au/autoexpert/ Did you like this report? You can help support the channel, securely via PayPal: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=DSL9A3MWEMNBW&source=url Here’s my biggest problem with the Bits-o-shitty 10-year bullshit warranty proposal: Let’s say your transmission just crapped out at 120,000 kilometres, eight years in. And it’s not on you. You go back to Mitsubishi. They say: ‘Well, three years ago you had your car serviced independently - so you’re not covered. That’ll be $14,000.’ This proposed warranty will inevitably be used like this in the service department as a trigger to brush you, and profiteer from it. It’ll seem legitimate, too - like, it’s there in black and white. Warranty is completely separate from the legislated Consumer Guarantees, about which there is absolutely nothing optional. Your warranty might be burned, but the requirements of consumer law compliance - the obligation upon Bits-o-shitty to provide you with a remedy - absolutely still exists. But consumers have to be informed enough to know that, and not all consumers are. So, in the future, I have no doubt that this warranty will be used as a device to deny legitimate consumer law claims. Tragically, not all consumers will know that they can push back - legitimately - and make a claim under Australian Consumer Law. Some of them will cop it on the chin, and (call me an old cynic) but I think this is Mitsubishi’s real objective here. Look like warranty heroes, while acting like warranty bastards. Disgraceful. It’s a huge pity Mitsubishi didn’t just bite the bullet and align the new warranty with the requirements of consumer law, thus ascending uninjured to the summit of Warranty Mountain here in ‘Straya, and spruik the crap out of it - Shitsville’s best warranty - because that would have been a real good news story. If they want to get more owners servicing their cars at the dealer, then just make that a commercially compelling proposition instead of the hateful, expensive and borderline bullying experience it often is in dealerships today. If Mitsubishi wants to shift more genuine parts - price them competitively. After all, they’re buying them in bulk. The extortionate pricing of genuine parts - industry-wide - is simply indefensible. So, they come up with these cartel-like strategies to coerce consumers into bending over, while the ACCC sleeps. Unfortunately, as things stand, this 10-year warranty is just a grubby grab for more business and an attempt to dilute consumer law claims in the 5-10-year term. That’s how it seems to me. I don’t think there’s any guarantee the ACCC will wake up to quash this, but I certainly hope they veto the genuine servicing requirement. Dangerous, anti-consumer precedent. You might choose to put your objection in writing on the ACCC’s online contact form. (Link above). If the ACCC gets sufficient informed blow-back from you, it might help turn this anti-consumer tide and force Bits-o-shitty back to the boardroom, where they might choose to un-arsehole themselves and offer you a 10-year warranty without the free handcuffs.

Catherine Scott, Director of Consumer Protection WA, talks about her role and Perth's interface with Tom Chapman, Consumer Protection Officer in the Kimberley. Consumer Protection have got your back anywhere in the State when it comes to Australian Consumer Law, motor vehicle dealer and motor vehicle repairer legislation.

Tom Chapman, Consumer Protection Officer in the Kimberley, talks about when things go wrong, in the last of our series about buying a car. What should you do? Who pays for a car to get towed and repaired? What are your rights under extended warranties and standard Australian Consumer Law?

In today’s Daily Fix, Akeem talks about Sony Europe being ordered to pay $3.5 Million AUD in penalties for "making false and misleading representations" regarding Australian Consumer Law rights. What does this mean for the Playstation giant on the heels of the upcoming PS5 console release? We also talk about the recent leak that gives us a look at a redesigned Xbox Store, codenamed Mercury, that very well may be the store that we will see on the Xbox Series X.

Resource Links:  Come and visit my website at (https://www.thesiteshed.com/) Check my latest podcast or listen to the previous ones (https://www.thesiteshed.com/podcasts/) Tradie Web Guys (https://www.tradiewebguys.com.au/apply) The Contracts Lawyer (www.thecontractslawyer.com.au) Australian Consumer Law (https://consumerlaw.gov.au/australian-consumer-law) Debt Collection Information (https://www.accc.gov.au/business/treating-customers-fairly/debt-collection) Check our previous podcast with Helen Kay as one of our guests (https://www.thesiteshed.com/blog/coronavirus-1/)    When we're asked why we're in business we all have a common answer and that is to earn an income. As much as we love and are passionate about what we do, the very goal of every business, even with tradies, is having income. But most business owners, especially those who do not receive upfront payments for services, are faced with the problem of not getting paid on time or not getting paid at all for jobs that have already been accomplished. This was a problem prior to the pandemic and has become a pressing issue now because of the current climate we are experiencing.  In this podcast episode, we will talk with Helen Kay, The Contracts Lawyer. She is going to enlighten us by providing helpful tips to address this dilemma. We will cover topics such as different payment structures, the importance of contracts and invoices, payment terms, different clauses to put in your terms and conditions, setting up of systems and processes to ensure that you get paid, and a lot more.  There's a wealth of information that you wouldn't want to miss so tune in to this episode! What's Discussed in This Episode:  How Helen Kay had to reinvent the advise she gives due to this pandemic [9:08] Contracts and invoices [13:45] Setting up the terms and conditions [17:09] Why terms and conditions should be updated [18:58] How to communicate the updated terms and conditions to your clients [20:05] Terms and conditions for current contracts [20:48] Different payment structures [23:07] Charging stage payments [29:16] Adding the suspension clause in the terms and conditions [29:47] Getting personal guarantees from directors [31:40] Standard terms and conditions [34:14] The force majeure clause [37:46] The discipline of having a system set up for invoices [39:03] Letter of demand and statutory demand [40:45] Responding to demands [41:27] Changes to issuing statutory demands and time frames to debt payments [42:07] The no waiver clause [43:53] About Our Guest: Helen Kay is a business lawyer, in fact she is The Contracts Lawyer. She is a highly accomplished commercial and property lawyer with extensive legal experience working within top tier firms in Australia as well as running her own legal practice and heading up various commercial practices over the years.  Helen has assisted many businesses across different industry sectors with their commercial legal agreements, including commercial leases, buying and selling businesses and providing general contractual advice. Connect with me on LinkedIn. For more podcast episodes, you may also visit my website. Tune in and subscribe to The Site Shed: You can also listen to The Site Shed on Apple Podcasts, Spotify, and Stitcher. Thank you for tuning in!   If you enjoyed this podcast and this series, please take 5 to leave us a review: Google Facebook  iTunes – Apple Stitcher – Android See omnystudio.com/listener for privacy information.

Warranty is a pivotal consideration for many new car buyers - but if you're one of them, you're getting it wrong. Because of the way Australian Consumer Law works, warranty is largely irrelevant. What really matters is how well the carmaker complies with their consumer law obligtions. Save thousands on any new car (Australia-only): https://autoexpert.com.au/contact Did you like this report? You can help support the channel, securely via PayPal: https://www.paypal.com/donate/?token=jZ06Gw7bd_o1ZGo8eQd92ZKV2zq7FeHpS5a_Wah843la2De5ZuxSU3K3MIR-RfM-jdhjRW&country.x=AU&locale.x=AU

Carzaam Automotive News Episode 10: VW - OK Honda - Opal Volkswagen accused of breaching responsible lending laws ASIC has commenced civil penalty proceedings against Volkswagen Financial Services Australia for allegedly breaching responsible lending laws just days after VW was hit with the largest penalty ever made for contraventions of Australian Consumer Law. The financial services regulator has alleged that the company failed to undertake “reasonable steps” to inquire about or verify a borrowers’ living expenses. The Volkswagen case continues ASIC’s clampdown on how lenders interrogate a borrower’s living expenses when writing loans and further tightens lending standards in an already tough automotive market. Honda to Launch Personal Assistant, “OK Honda,” at CES 2020 Backed by SoundHound Honda revealed a preview of the advanced voice technology it plans to show off at CES this year. It will feature “OK HONDA” its voice enabled Personal Assistant created in a collaboration with SoundHound, along with new ways to control smartphones from the car. The partnership grew out of SoundHound’s involvement in the Honda Xcelerator program and uses the term “OK Honda” as a wake word to allow the driver to carry out requests including running the car’s entertainment system and environmental controls. SoundHound has been accruing new automotive partners at a steady rate. Most recently, Kia announced that the Seltos line of cars will include a Houndify-based voice assistant and Hyundai has also integrated its technology on the Venue SUV. Ride hailing added to Opal app and Transport NSW Trip Planner Transport for NSW has announced that some taxi and rideshare providers are now included as an option for how people can travel to their destination in the latest iteration of Trip Planner. In addition to existing options -- public transport, walking, and cycling -- people can now view the cost and journey duration of their trips if they choose to travel with Cars on Demand, Ola, or Ingogo. The decision to offer ride-sharing and taxis comes off the back of the state government's Future Transport 2056 strategy where transport service providers were invited to share their data sets and APIs to link with Trip Planner. This represents a great step forward for mobility as a service in Australia with the NSW government showing its leadership and commitment in bringing together various parts of the ecosystem to deliver better transport outcomes. Full Episode: www.carzaam.com/blog

We’re in Las Vegas for the Consumer Electronics Show and we’ll talk about we can expect to see here and in 2020, the telcos that will waive the mobile bills of rural firefighters, Vodafone outlines the rollout of its 5G network, we take a look at the Beats Solo Pro noise cancelling earphones, we check out the ALogic Dock Wave which is a dock, battery and wireless charger in one, we go through your rights as a customer when it comes to exchanges and refunds and we’ll answer your tech questions in the Tech Guide Help Desk.

Small Biz Matters – a half hour program each week where you can work ON your business rather than IN it.with Alexi Boyd, broadcaster, advocate and small business owner.Date: 26 November 2019 We talk a lot on the program about surrounding ourselves with good advisors. We develop good relationships with financial and marketing advisors but why is it legal counsel, which is so important, is left until you really, really need it? One aspect which is often neglected when setting up a business is that of contractual law. And too many times small business relies on a handshake or good faith as the basis for those contractual relationships and it’s here we can come undone! Today we are in conversation with Ursula Hogben, co-founder of LegalVision & co-founder of Zero Emissions Sydney North Incorporated now assisting in sustainable development. She's going to help us to learn about the importance of good legal counsel and NOT when you need it most. Welcome to the show Ursula. Intro A corporate and capital raising lawyer at Baker McKenzie, then a Director at Bank of America Merrill Lynch, for 15 years A co-founder of LegalVision, an innovative fast-growing tech-based law firm for 5 years Ursula now assists sustainable development businesses, and is the co-founder of Zero Emissions Sydney North Incorporated, to accelerate our transition to net zero emissions 3 areas: The importance of key contracts for a business The importance of protecting intellectual property A recent innovative sustainable development project in our area – the 4 Pines community solar project  The importance of key contracts for a business Why are any legal contracts needed? Legal contracts are an investment in the smooth running and growth of your business. What are the key types of contracts required? (i)    Your website (ii)   Your clients or customers (iii) Your company’s interaction with third parties – eg Manufacturer, Distributor (iv)  Your employees and contractors (i)             Website contracts What are website contracts, why needed? Privacy Policy: If your business has an annual turnover of over $3 million, or if you are a small business with an annual turnover of $3 million or less and you meet certain criteria, you are legally required to have a Privacy Policy.  Even if the Privacy Act 1988 (Cth) does not apply to your business, it is prudent to have a Privacy Policy in place so that your customers are clear on what personal information you are collecting about them and how you will use and disclose it. Website Terms of Use: To protect your website IP. To explain your content is not advice, and you cannot be sued for it. (ii)            Clients or customers contracts Why do you need these, doesn’t the consumer law cover this? Once you operate a business, you establish a legal relationship with your clients or customers, even if you do not have anything in writing. The consumer law applies, and this generally protects and benefits the client. One key reason for you to have written terms, is to add terms that benefit your business. For example, a client can obtain a refund if a product is faulty. You can specify what is permissible use, and what is not permissible use. For example, a water resistant phone cannot be fully submerged in water. Another is to provide clarity. You can set out the circumstances for refunds or exchange, and the procedure. It is worth noting that there is no legal requirement to refund or exchange for change of mind, However many shops do including online clothes shops. They specify the address, the need to include all packaging and tags, and the requirement for goods to be unworn. What are the two primary client and customer legal documents? (i)             Client agreements - primarily used for service-based businesses. (ii)            Sales Terms and Conditions - primarily used for goods-based businesses including e-commerce stores, retail stores, and manufacturers Client Agreements outline details of the services you are providing and the manner at which you will be providing these services. Details of the scope of work; Timeline; Pricing and Invoicing; Indemnity and liability; Warranties and consumer guarantees; and Dispute resolution Sales Terms and Conditions common clauses in include: Product details; Delivery (particularly for online-based businesses or businesses that sell big-ticket items such as fridges, furniture, etc.); Payment terms; Consumer warranties and Australian Consumer Law provisions; and Refunds and returns. (iii)                   Your company’s interaction with third parties – eg Manufacturer, Distributor What are some examples and why are these needed? Manufacturing: The Manufacturing Agreement is the legal document used to engage a manufacturer to produce your goods. The Manufacturing Agreement should cover the entire process, from the specifics of the design and the material to be used, up to costs, payment and delivery. Key issues include protecting intellectual property, quality control, and time-frames for delivery. Distribution: A distribution agreement governs the relationship between suppliers or manufacturers and distributors. Suppliers or manufacturers engage these distributors to sell their products at a retail or wholesale level. Some businesses appoint a distributor as a vehicle to get their products to the market. Others appoint a distributor to benefit from their expertise, or to share customer lists and market contacts. Key issues include Exclusive or non-exclusive, for an area and/or products (Eg franchises can only sell the franchisors products), minimum performance clause (eg minimum sales) and Competition (iv)                   Your employees and contractors How do you determine the nature of the relationship and the terms and conditions at which a worker will provide services? Businesses can either have workers on board as employees or contractors. An employee works in your business and is part of your business. A contractor is running their own business Employees If you are an employee, you may be employed on a fixed-term, permanent or casual basis. The Fair Work Act (2009) (Cth) governs the employment relationship and includes the National Employment Standards that ensures every employee has access to the basic entitlements. An employment agreement includes: Remuneration; Leave entitlements; Hours of work; Redundancy entitlements; Position description and Dismissal and probationary provisions Contractors Contractors differ from employees as they are not covered by the Fair Work Act, and they are typically individuals providing their services to your business, whatever that might be. There are penalties for “sham contracting” arrangements where you hire the person as a contractor, but the nature of their engagement is really that of an employee. A contractors’ agreement includes: Scope of work Timeframe Payment Termination The importance of protecting intellectual property What is intellectual property? Intellectual property (IP) is a term that is applied broadly to something that is created, invented, designed or written by an individual. IP is sometimes referred to as ‘property of the mind’, which is a good way of thinking about it. It is not tangible property like land, which is known as ‘real property’, but it is still an asset that belongs to the creator, as it can be sold, transferred or leased, and it is certainly worth protecting. The overall rule is that there is no protection for an idea – only the expression of that idea. Sourdough bread example Is there any automatic protection? Copyright In Australia, businesses do not need to register copyright as it automatically subsists in original work such as music or paintings. Copyright protection lasts for 70 years after the creator’s death. However, copyright does not offer comprehensive protection of IP under the law, for example it doesn’t prevent others from creating a similar version of your work. You can further protect your intellectual property by registering for a trademark or patent. Trade Marks Trade marks are used for branding – business names, product names, logos or taglines. You can register signs or symbols that distinguish your goods and services from the goods and services of other traders. Trade marks, in Australia, can be renewed in 10 year blocks indefinitely. Examples: Confectionary giant Cadbury has controversially obtained a trade mark registration for a shade of purple. Patents Patents are granted in relation to the function of inventions or processes that are novel, whereas designs are registered over the look and feel over new products.  4 Pines Community Solar Project Tell us about a recent project that benefitted a company and the community? 4 Pines Brewing Company installed rooftop solar panels. 100 kW solar system to supply renewable electricity to their brewery, pack line, and office spaces in Brookvale. This is the first step towards 4 Pines being run on 100% renewable electricity by 2025. What is unusual about this? The solar project was 100% funded by a community of investors, 4 Pines employees, friends and Northern Beaches locals. The not-for-profit community energy group ClearSky Solar Investments will set up a Fixed Unit Trust through which community members can invest. 4 Pines will pay for the solar electricity generated for ten years post installation and this revenue stream will repay the community investors with an attractive rate of return. A ClearSky Trust is legally restricted to just 20 investors who would have needed to invest almost $6,000 each to raise the $116,000 cost of the installation.  This hurdle was overcome when Pingala Co-operative stepped in and agreed to become the principal investor in the ClearSky trust, taking on responsibility for raising 75% of the capital.  Pingala will do this by offering $250 shares, with a maximum of 4 shares per person. A set of legal agreements between ClearSky and Smart Commercial solar will ensure that solar generation revenue gets distributed to unit holders in the ClearSky Trust and Pingala will use its share to pay a dividend to the Pingala shareholders. What are the returns? Pingala Co-operative aims to provide a return of between 5% and 8%. Dividends will be paid annually to each investor. To find out more go to their website: www.jimmyhalfpenny.com.au 

Nissan and Mazda - dead from the neck up, sadly. Kinda like a cockroach minus its head. Save thousands on any new car (Australia-only): https://autoexpert.com.au/contact Did you like this report? You can help support the channel, securely via PayPal: https://www.paypal.com/cgi-bin/webscr?cmd=_s-xclick&hosted_button_id=DSL9A3MWEMNBW&source=url Five or six weeks ago, I fired a broadside into Nissan when the company - through its local dealer - sought to dodge what I viewed as its consumer law obligations. It attempted to stitch up a shitbox leaf owner, Philip Carlson, to the tune of $33,000 for a replacement Nissan Leaf battery, which in my view should have been replaced for free under Australian Consumer Law. Happily enough, 170,000 people just like you watched those two Nissan reports, to date. For a total of 1.4 million minutes. Which is, to me, a brain bender. It’s a total eyeballs-on-screen engagement of 2.6 years worth of cumulative watch time, distributed among 170,000 people. Potential car buyers. Exactly one month later I covered the case of Mazda being dragged to the ankle-grabbing room - I mean: Federal Court - by the ACCC for alleged deception and unconscionable conduct. Also quite serious, if proven. Two videos there. 130,000 viewers - eyeballs glued to the screen for a total of just over one million minutes. (That’s almost two years.) In these reports, I urged you to write to Nissan’s and Mazda’s chief spin doctors, Karla Leach and Mark Flintoft, respectively, politely but firmly to deliver unequivocally what you thought about each company’s conduct. And I know hundreds of you e-mailed these two PR types - because dozens and dozens of you CC’d me on those e-mails. And I was extremely gratified by the polite tone and well thought out, reasoned, rational arguments I saw. You know what didn’t happen - to the absolute best of my knowledge? No response from Mazda or Nissan to you. So, let’s say you are a PR type, and one day, without warning, your inbox fills up with critical feedback from the public. This is in your wheelhouse. What do you do? Do you pretend it’s just not happening and concentrate instead on keeping your sinister clutch of tame journalists and influencers happy, and maintain your platinum frequent flier status, which, let’s face it, is quite important? I really don’t think ‘deafening silence’ is an option. Here’s why: if somebody out there, in the public, takes the time to write what they think, to you, politely and respectfully, as the CC’d e-mails I received were, and they send it to you … then I’d suggest there’s a level of quite strong commitment behind that stated position embodied in those actions. For the recipient - the spin doctor - it’s a binary proposition: You can choose to respond, or not. And hey - if you respond it doesn’t have to be bespoke. It can be canned, cut and paste, and the intern can filter your e-mails and send back the canned responses, but at least it’s a friggin’ response. I’d suggest that every critical e-mail is the chance to turn someone around, and this is the business you spin doctors are in. ‘We understand your concerns, we hear what you’ve said, and here’s what we’re doing to address the issue.’ How f-ken hard is it? Electing not to respond is a gold-plated guarantee of the sender inferring you are a worthless mother-lover who does not give a fuck what they think. And that’s exactly what has occurred here, I suspect. Because not one of the 300,000 people who viewed those reports sent me an e-mail with Nissan’s nor Mazda’s responses in it, nor posted the same in the comments feed. Conclusion: It didn’t happen.

The Australian Competition & Consumer Commission (ACCC) has ordered Bethesda parent Zenimax Media to offer refunds of Fallout 76 to Australian purchasers who contacted the company prior to June of this year. Why did the ACCC make this determination? Why did Zenimax agree to it? Why can't we read the statement as establishing that the "faults" in Fallout 76 did actually violate the Australian Consumer Law? And what (if anything) does this mean for the rest of the world? Refunds, refunds never change…in Virtual Legality. CHECK OUT THE VIDEO AT: https://youtu.be/rDIa6_XbdUk #Fallout76 #Refunds #Australia *** Discussed in this episode: "Virtual Legality #1 - Refund Fallout 76 (Hoeg Law)" YouTube - November 27, 2018 - Hoeg Law https://youtu.be/4ULiwMFEtnY "@HoegLaw" Tweet - October 31, 2019 - Old Saint Thick (@moonsbro) https://twitter.com/moonsbro/status/1190096376123650049 "ZeniMax to refund consumers for Fallout 76 in Australia" Tweet - October 31, 2019 - Wario64 (@Wario64) https://twitter.com/Wario64/status/1190083656225681408 "ZeniMax to refund consumers for the Fallout 76 game" ACCC Statement - November 1, 2019 https://www.accc.gov.au/media-release/zenimax-to-refund-consumers-for-the-fallout-76-game "The Australian Consumer Law" Legislation Summary - Australian Government Site https://consumerlaw.gov.au/australian-consumer-law/legislation Schedule 2 to the Australian Competition and Consumer Act of 2010 https://www.legislation.gov.au/Details/C2019C00264/Html/Volume_3#_Toc19109028 "ZENIMAX MEDIA TERMS OF SERVICE" Updated: June 17, 2019 https://bethesda.net/en/document/terms-of-service *** FOR MORE CHECK US OUT: On Twitter @hoeglaw At our website: https://hoeglaw.com/ On our Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

During this episode Paul Maric and Trent Nikolic discuss the consumer guarantees that come with a new car, compare the Lotus Elise and Jeep Trackhawk and whether you should buy a pure track car or something more comfortable with a little zip plus the best new cars under $20,000.

If your organisation is delivering NDIS services, it must abide by Australian Consumer Law. In this episode, David Moody and Pascale Dreyer dive deeply into exactly what this means for NDIS Participants and service providers alike.

The Google Podcast App has arrived Optus offers free subscription to sport service after World Cup streaming fail Apple fined $9 million as Federal Court finds repairs policy breached Australian Consumer Law Amazon brings Prime to Australia after geoblocking furore Optus is finally killing its dial-up internet in Australia Domain name businesses ordered to pay $2 million for "misleading and deceptive" correspondence YouTube Premium

Call to action!   Tell us what you really think of 'Law for Community Workers on the go' - help this resource grow and improve.   NOTE: an adendum has been added to this episode. From July 2017, NSW has fully transitioned onto the NDIS. For the first time, Australian Consumer Law now applies to the provision of goods and services under this scheme. In this podcast we discuss:  The basics of consumer law as it applies to the NDIS How to spot potential issues, and The appropriate referral channels.  Referrals and more information You can find more information about the NDIS: at ndis.gov.au at NSW Fair Trading  

Small Biz Matters – a half hour program each week where you can work ON your business rather than IN it.with Alexi Boyd from Boyd Office Management ServicesDate: 15 August 2017 Engaging in business naturally means you take on risk. Not everyone you engage with is going to be trustworthy and if they’re likely to take risks, they might take you along for the ride. But covering yourself legally is expensive, right? Maybe, sure lawyers earn more per hour that we do. But what MORE expensive is going to court and if you don’t have the right compliant contracts in place that’s where you could be heading. Who best to sk than an expert in Commercial Law we welcome to the show Allan McDougall from Key Point Law Firm. Welcome to the show Allan. Topics we’ll be covering: Q: “When do you typically need ‘Engagement Contracts in Business?”   A: You typically need contracts in business when you supply products or services over time, or on-line.   In other words performing the transaction  isn’t instantaneous, like paying to have your someone mow your lawn, unless of course it’s a repeating arrangement (but maybe not even then) Also the product or service you provide is complicated or required to be of a certain standard eg painting the inside of a house   Business Terms & Conditions So, if you are selling products or services, whether from a physical or digital/online presence, you will need to have a well-drafted set of business terms and conditions.   These standard Ts&Cs can even be displayed on your website. Some large businesses may display not just standard sales terms, but also standard purchase terms as well.   If you provide services you will need a “client agreement” Client Agreements set out the services you provide your client and on what terms.   This agreement will include information on your obligations, your client’s obligations, as well as standard provisions to limit your liability (risk) and protect your legal interests   If sell products (things) you will need a set of sales terms & conditions. A set of sales Ts&Cs covers similar things to a Client Agreement, as well as your delivery, repair and exchange policies.   The sales Ts&Cs should also ensure that, as a supplier of goods you are complaint with product quality laws   (Talk about the Australian Consumer Law and recent “B2B unfair contract” amendments)   Online market place term and conditions If your website allows parties to buy and sell products, services or even information you will need a set of Ts&Cs to facilitate transactions on your marketplace/website platform. Website marketplace Ts&Cs need to be a little more comprehensive than the other two sets of business Ts&Cs, because they must protect your website platform as well 2.              Contract with employee or contractor Yu should always have a written contract of employment with all award employees, and probably management employees as well. For the sake of good order probably casual employees too, although the contract will most likely be briefer These agreements will set out things like the role of the worker, their remuneration and benefits, any leave entitlements, and what expectations you have of them And for the award employees a written document is a way of proving to the Fair Work Ombudsman for example that you are observing the conditions of the award, should that ever become necessary As regards a contractor you will need to make clear their independence of the cso that you are not responsible for his on-costs, and that he/she is a genuinely independent agent   3.              Shareholders Agreement If your business is in a company and you have shareholders other than immediate family then hopefully you have Shareholders Agreement in place. Sets out what each shareholder’s role in the company is, what their duties and obligations are, how profits are divided, how a shareholder can exit, and generally what happens if something goes wrong A kind of a business “pre-nup”    4.              Buying or Selling a business   If you engage a lawyer this will generally cost a lot. Sometimes you will think the final amount is out of proportion to the sale price.  I often say the more you’re paying or getting the better it is to engage a lawyer. Even if it’s for a small sum you at least get peace of mind with a lawyer being involved. To save money involve your accountant from the word go, and negotiate as much as you can with the person buying or selling. Really get all the commercial details settled, including doing a “due diligence if you are the buyer There is a standard form contract, similar to the real estate version, but I think it’s a waste of time, except perhaps for the smallest business.   5.              How detailed do theses contacts need to be? Their level of detail depends on how complicated your products and services are. Generally one A4 page, with two columns of small type size should suffice. Note though that the font cannot now be too minute otherwise the contact may be deemed to be unfair, under the new laws     Why is it better to seek advice rather that downloading from the internet?   You take a risk that anything on the internet might not be truly suitable for your purposes. Also I notice that many of the ‘free” documents on the internet are from American of UK law firms which are quite different from what we use over here and are sometimes alarmingly uncomplete. Very much a case of buyer beware Also from the internet you can buy contracts and legal documents for various purposes but you still take a risk that you know what you are doing. I see that from some sources you can pay substantially extra for legal interpretation and advice to accompany the purchased document. From what I can tell the advice is Ok, but I only know that because I’m a lawyer! I think you are better off delegating this task. Your time is better spent working on or in your business   7.              If you engage with a commercial lawyer like me, how can you expect the meeting to go. Well, firstly it is my practice to give you the first hour free so you can explain your needs and try to give you an estimate of what it will cost. Maybe I will need to go away and think about it, then get back to you, but an estimate you will get. If you like how the meeting went and the number I come up with then I will send you a fees agreement setting out that estimate. If you are happy with that you tell me and we can proceed. At the beginning of the show Alexi you mentioned that we lawyers charge by time at hourly rates. That’s usually the case where we can’t control the amount of time we spend. For example, in a court case, a dispute situation or where we have to negotiate with another lawyer. For myself, about all I can do is keep you fully informed in those circumstances. Court matters are particularly h problematic.   8.              When is the best time to engage a lawyer? When  you’ve agreed all the important bits with the other party and you’ve personally resolved to go forward. Also you’ve been talking to your accountant in detail and you know the numbers look OK.   9.              How can you minimise the costs? Do your homework: if selling, be realistic about what you are letting go and what you want in return if buying, do you DD early and thoroughly.   Allan McDougall Principal Keypoint Law To find out more go to their website:  http://www.keypointlaw.com.au/

Link to DownloadThis is the first episode of Court in the Act on ACCC v Valve.I discuss the recently filed lawsuit that ACCC is bringing against Valve for alleged breaches of the Australian consumer Law.Sources referred to in show:- ACCC media release - https://www.accc.gov.au/media-release/full-steam-ahead-accc-institutes-proceedings-against-valve-for-making-alleged-misleading-consumer-guarantee-representations)- Kotaku Article - http://www.kotaku.com.au/2014/08/valve-responds-to-being-sued-by-the-accc/- Australian Consumer Law (Sch 2 of the Competition Consumer Act 2010) - http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s130.html- Competition and Consumer Act 2010 (Cth) - http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/- Fair Trading Act 1986 (NSW) - http://www.austlii.edu.au/au/legis/nsw/consol_act/fta1987117/- Australian Consumer Law and Fair Trading Act 2012 (Vic) - http://www.austlii.edu.au/au/legis/vic/num_act/aclafta201221o2012418/- Steam Subscriber agreement - http://store.steampowered.com/subscriber_agreement/- Steam Refund policy - https://support.steampowered.com/kb_article.php?ref=8360-WEJC-2625#refund - Australian Competition and Consumer Commission  v Sensaslim Australia Pty Ltd (No 1) [2011] FCA 1012 -  http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2011/1012.htmlSlight correction from the show content - I say Subscribe on iTunes. You'll be able to soon, but can't just yet.

This week's lectures are on s 18 of the Australian Consumer Law which prohibits misleading or deceptive conduct in trade or commerce. The presentation will cover the elements of s 18 as well as remedies available to the innocent party when a breach of s 18 occurs. Also to be discussed briefly is s 29 of the Australian Consumer Law which covers misleading representations in trade or commerce. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This week's lectures are on s 18 of the Australian Consumer Law which prohibits misleading or deceptive conduct in trade or commerce. The presentation will cover the elements of s 18 as well as remedies available to the innocent party when a breach of s 18 occurs. Also to be discussed briefly is s 29 of the Australian Consumer Law which covers misleading representations in trade or commerce. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

This week's lectures are on s 18 of the Australian Consumer Law which prohibits misleading or deceptive conduct in trade or commerce. The presentation will cover the elements of s 18 as well as remedies available to the innocent party when a breach of s 18 occurs. Also to be discussed briefly is s 29 of the Australian Consumer Law which covers misleading representations in trade or commerce. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.