Podcasts about consumer act

What happens when someone who has spent decades teaching memory techniques enrols in law school to find out if everything he teaches actually holds up? That’s exactly what I’m doing. Mind you, I’m not the first person to try a learning feat like this. Nor am I the first to document the journey of applying mnemonic methods to the law. In 1491, Peter of Ravenna published The Phoenix, a manual designed to teach his approach to the “Art of Memory.” It’s a short, but detailed memory improvement book that explains Ravenna’s techniques and how they enabled him to possess a massive amount of civil law code in his mind. His legal knowledge isn’t the only thing that made Ravenna legendary. As I explain in my previous writing about him, he could also recite mountains of scripture and speak multiple languages. Myself, I’ve memorized more than enough scripture to demonstrate the teaching I’ve offered in my own memory improvement manuals. Likewise, I’ve absorbed enough skills with enough languages to prove the concept. I hold a PhD in Humanities from York University and two MAs. But what I haven’t done is attend law school. Now, later in life, I have finally enroled after decades of thinking about it. This isn’t a career pivot, mind you. Having co-authored a well-received book with a lawyer years ago on memorizing legal terminology, I am already more than personally interested in law. But since I never went to law school myself, I’ve always wanted to pressure-test every memory technique I teach against what has to be one of the most volume-intensive, high-stakes disciplines on the planet. This page is the hub for that experiment. Whether you are a law student drowning in “legalese” and tired of the “bad memory” excuse, or a memory enthusiast looking for a high-stakes demonstration of the ancient memory arts in action, you are in the right place. I’m going to share with you all the learning tools I’ll be using throughout the experience. And you can follow my real-time study log below to see exactly how the man Tony Buzan called a “Warrior of the Mind” intends to conquer the law, one Memory Palace at a time. Why Legal Material Presents Special Problems for Memorization In my version of Ravenna’s original book, called Phoenix Reborn, the famous jurist is far from modest. He writes: When I was young, I prepared 10,000 places because I wanted to surpass all the men of Italy with an abundance of remembered facts and holy scriptures, including both Canon law and Civil law. I also wanted to be an authority on many other things. By “places,” Ravenna is referring to the method of loci. It is the basis of the Memory Palace technique, something many law students have used across history. I’m only a week into my first trimester readings, and I have a feeling Ravenna might not be so boastful in our times. Medieval law was in no way simple. But it’s unlikely Ravenna dealt with nearly as much study material as contemporary law students. For one thing, nearly everyone knew Latin back then. This means he wouldn’t have needed to memorize the Latin needed when he studied to become a Doctor of canon and civil law. The topic of international law would have been much smaller during his time. And laws relating to media, Internet and Artificial Intelligence? All of these vast fields of legal material would not appear for hundreds of years. Nonetheless, many of his techniques still apply and will help contemporary law students avoid cramming. Here’s how I’ll be using them based on my own version of the techniques Ravenna describes. What Happens When a Memory Expert Enrols in Law School: The Magnetic Memory Method for Law A lot of study advice treats complicated topics like the law like any other memorization task. Gareth Evans says in a YouTube video called How I Memorised Everything in Law School that he essentially used a combination of spaced repetition and the Leitner box technique. There is nothing wrong with these approaches. I’ll be incorporating them too. However, not everyone is going to get the same results from just those two fundamentals from the world of accelerated learning techniques. The Memory Palace Technique for Law Since you don’t get partial credit for vaguely remembering that a case exists and need the name, the year, the principle, and how it applies, I’m pulling out the same technique Ravenna describes in depth as my core learning strategy: the Memory Palace. In case you’re new to it, the Memory Palace technique for studying uses familiar locations subdivided into various sub-locations. It’s almost like a living, breathing mental filing system. https://www.youtube.com/watch?v=c4J5ZUzCxZY By placing information on those sub-locations, or what I prefer to call “Magnetic Stations,” you provide yourself with a canvas for layering vivid mental associations. For example, I’ve already memorized the name and date of Derry v Peek (1889) and the basic three-part test it established for fraudulent misrepresentation. If you’d like more information on this technique, check out my full guide to the Memory Palace technique. The PAO System For Law When it comes to section numbers and dates like 1889 in Derry v Peek, I’ll be using a 00-99 PAO System. Now, this kind of mnemonic system is something I’ve developed over many years. And for most of us, it’s not something you can develop overnight. Indeed, most of us base our PAO System on the Major System. Or, more rarely these days, some people still use the Dominic System. The key is that when you have to memorize a section number, you can instantly place an association in a Memory Palace. PAO System Example Applied to Law For example, last week I memorized the name of the Competition and Consumer Act 2010 and a chapter and section I’m interested in (Chapter Two, Section 18). I used a combination of my aunt Cassie’s computer station in a former home with associations drawn from my PAO System to rapidly commit this information to memory. Later, I can add more relevant details. But for the time being, I have what I call a “Magnetic Bookmark” that helps me cite the act and find the relevant section quickly. Think about what that means if you’re in an exam or a tutorial and someone references the Competition and Consumer Act. Or even just working as a lawyer who cares about your clients. Instead of that sinking feeling where you know you’ve read it but can’t place where, the section number leaps to mind. You cite exactly what the situation requires and move on while everyone else is still flipping through their notes. Active Recall Combined with Physical Notebooks I have been teaching active recall principles since long before I knew there was a scientific name for them. In brief, the core process involves calling information to mind and then writing it down, ideally in a notebook reserved for testing. You do not use rote repetition or cheat by looking at the answers during the process. You only make corrections later and use the data produced by your mistakes to work out how to fix issues in your recall. Training yourself to write down answers from memory is mission critical for passing exams, as is analyzing your answers so you can make any corrections before handing your work in. I’ll be doubling down on this practice substantially. Optimized Flashcards and Zettelkasten Whether it’s for language learning, philosophy or general learning, I’ve used a particular process for taking notes that I’m already employing as I read as much as I can before my first class starts. These processes have been covered before in detail in my posts and podcasts on: Flashcards The Zettelkasten technique I don’t know what, if anything, will change about my approach as I enter law school at my age. But I will keep you posted if anything does. Mind Mapping Essay Assignments Although I sometimes do use mind mapping as a memory technique, I anticipate that I’ll be reserving it in law school for planning any essay assignments I have to submit. That’s because mind mapping is a far greater tool for brainstorming in my practice than it is a memory aid. But you never know. I might find ways to deepen the ways that I’ve combined mind maps with Memory Palaces for language learning that apply to the law. For my existing teaching on mind mapping, check out this playlist of videos on YouTube: https://www.youtube.com/playlist?list=PLkZ2FGJhR5R8eS3kyuOwCTb47O72iyc-j Keeping a Study Log Although creating to-do lists has its place, I’ve found throughout my BA, two MAs and PhD that using course syllabi and a simple calendar is more than enough to keep various deadlines sharp in memory. What’s more useful for me is to diligently track what I’ve read and when. I use a simple spreadsheet for this purpose, along with tabs for keeping various links. Since I’ll need to read a lot of online resources for my first trimester, this habit is especially key and will keep all the links in one central location for easy access. Other Law Memorization Tactics & Strategies Beyond these learning tactics for law memorization, I’m not yet sure what else I’ll need apart from solid places to study and a decent group of fellow students. So far, I’ve been studying at home and am already signed up for a group dedicated to discussing one of the first courses I’ve enroled in. It’s called “LA1101 – Legal Institutions and Processes.” I’ve also signed up as a student member of the Queensland Law Society to receive regular updates. The Benefits of Context & Immersion Although this membership might seem like a distraction, I’m actually tapping into what scientists call context-dependent memory. Although far from bulletproof, this principle shows that we tend to remember more when we regularly dive deep into related topic areas. In other words, if you study history regularly without interrupting yourself with biology, you’ll tend to remember more history with greater ease. As my research on polymathy and autodidacticism shows, some people think that masters of multiple fields are scattered. In fact, most polymaths go deep into just a limited set of fields at a time. And because they spend a lot of time in each lane, they benefit from more context as they learn. More on Why This Mnemonist is Studying Law At Nearly 50 Years Old I mentioned above that I co-authored How to Learn and Memorize Legal Terminology years ago. One reason that happened is simple: Following the success of my first book on memorizing German vocabulary, tons of people reached out to me. Many of them were either law students or had used memory techniques during law school. One of them asked if he could help me produce a book and so I took some of his examples and credited his contributions even though they weren’t that intense. A Very Personal Background Interest But the real reason I was interested in the law actually started many years prior. My nose had been broken and I was required to provide a victim impact statement when the case went to court. Long story short, the defendant’s lawyer told her client that he should plead guilty right away rather than have me testify on the stand. Her client took the advice and after the Crown lawyer representing the Canadian government asked me if I’d ever considered going to law school. When I asked him why, he said that my victim impact statement showed promise in how I’d written it. “Clinical,” was the word he used to describe it. And he said he thought the field could use more people with that kind of descriptive skill. But as someone who prefers to finish what I start, I kept going with my MA in English. And although law school regularly came to mind, I also finished the PhD in Humanities I had my eyes on, along with a second MA in Media & Communications. The Real Estate Detour A few years ago, I decided I was going to develop a physical Memory Palace. Part of this project relates to my ongoing research into Simonides of Ceos. Another part relates to my polymathy research. But above all, I realized that I needed to not only learn a lot about real estate to pull off the project. I also needed to learn about how real estate agents use and abuse the law to avoid traps. So, I completed a real estate license course and encountered a lot of law during that course. It has helped me proceed in many ways, and that’s part of what has kept my mind on the law leading up to starting this new study venture. Enter Peter of Ravenna I’d first heard of Peter of Ravenna when concentration and focus issues from depression drove me towards memory techniques during my PhD. After I started the Magnetic Memory Method project, I would consult his memory training book, The Phoenix from time to time, always thinking that I should do my own edition. But it was only when AI and various internet disruptions started challenging the idea that I’d be able to easily access Ravenna’s book that my “Reborn” series came to mind. I finally did produce my own edition of his book, and it’s been one of my most popular memory training offerings. Undoubtedly, that’s because we have independent confirmation of Ravenna’s memory skill. And although he was famed for his language learning prowess and ability to memorize scripture, it’s his command of the law upon which most of his legend rests. As I continue my studies of ancient memory techniques, I expect I’ll keep revisiting and expanding based on how I’m applying some of Ravenna’s law-specific mnemonics. In fact, there’s one part of his book that I think will apply to remembering sections in law that I’m excited to try very soon. I’m not sure it will change the Magnetic Memory Method approach that I’ll be using, but that’s the most exciting part of being a memory expert who applies these techniques frequently to course work. I’m in the trenches and always taking you with me to learn more about memory techniques together. Frequently Asked Questions About Memorizing the Law I’ve received dozens of questions about memorizing law over the years. I believe all my answers still stand, but also expect I’ll be coming back to this page to update a few things as I get deeper into my own “legal immersion.” For now, here are some direct answers taken directly from my inbox as I’ve helped people over the years. What is the best way to memorize law? There is no one single best way. Rather, a combination of techniques is likely to work best. The reason the Memory Palace technique is universally admired has to do with the power of spatial memory. Locations have long been considered a powerful resource going back thousands of years. Combining the Memory Palace technique with spaced repetition and other active recall-based strategies leads to deeper encoding and recall than using any single technique on its own. How many Memory Palaces do you need for law school? The core Memory Palace system I’ve used involves 26 Memory Palaces, one for each letter of the alphabet. This choice is based around ideas in Aristotle’s On Memory, Ramon Llull’s Memory Wheels and innovations offered by the Renaissance memory master, Giordano Bruno. When you have one Memory Palace per letter of the alphabet, you can run the art of combination, or ars combinatoria. This means that if you have a Latin phrase like Res ipsa loquitur in tort law to memorize, you never have to wonder what Memory Palace to use. In my case, R is my friend Rick’s home because that’s the first letter of his name. I choose it and use him as a core mnemonic association due to the sound and spelling of the Latin term. Since the term means, “the thing speaks for itself,” I imagine Rick engaged in actions that remind me of the sound and meaning of the term. For memorizing section numbers, it’s possible to build a second Memory Palace Network based on a 00-99 PAO System. I’m not yet sure if I will do that, but they are relatively easy to develop if you have developed skills with this kind of mnemonic system. If you have both systems for law, you will have 126 Memory Palaces. That is almost certainly more than enough. Can you use mnemonics for the bar exam? Yes, but make sure you know how to spot issues and actually provide the answers your examiners are expecting. The BARBRI website talks about using memory techniques for the bar in this article. The only thing missing is that they don’t say nearly enough about Memory Palaces. They also focus a lot on visualization, which is not technically necessary when using mnemonics. How long does it take to memorize a legal rule using a Memory Palace? I consider this what I call a “magic number” question. In reality, it’s not possible to know how long absorbing any piece of information is going to take. That’s because information is not equal. However, if you get good at memory techniques, you’ll find that you can get quite fast. And all the faster when you combine the techniques of memory with regularly putting yourself in contexts where you use what you’ve learned. Are flashcards or Memory Palaces better for law school? This question creates a false dichotomy because the answer is both. Also, it’s helpful to understand that a well-created flashcard is not unlike a station in a Memory Palace. If you include a quick sketch that involves three or more colors and use active recall principles to test yourself, you’ll find that you can think back to that card with greater ease. Then, you can reproduce the target information, much like you would revisit a Memory Palace station and reconstruct knowledge through decoding during the learning process. This still doesn’t mean that using one is better than the other. That’s because you can have each flashcard refer to a station in a Memory Palace for even better results. So in summary, I suggest you use both and combine them. Join the Journey Peter of Ravenna documents his memory methods exactly as he used them. I’m excited to do the same. Except this time around, I’ve got more memory science on my side, a camera and a microphone. If you’d like to join this journey and get regular updates, start now by completing my free Memory Palace course: You’ll learn how to create well-formed Memory Palaces and apply them to anything you’re studying. And that includes complex, high-volume material like the law. Before we go, let me recap how years ago, a Crown lawyer told me my writing was “clinical” and suggested I consider law school. At the time, I had an MA to finish. Then a PhD. Then another MA, followed by many other courses, books and an edition of Ravenna’s The Phoenix (Phoenix Reborn). It took me decades to finally get enroled in law school. This page will grow along with my studies, so feel free to bookmark the page and check back in as things develop. The “Warrior of the Mind” as Tony Buzan once called me is finally going to law school. I hope you’ll follow along and apply how I’m using the Magnetic Memory Method to your own learning goals.

Could 2025 Be the Year Conveyancing Gets Fixed? Here's What Estate Agents Need to Know! Is 2025 the year the British conveyancing process finally gets the overhaul it desperately needs? In this episode, we sit down with Sally Holdway, LawTech strategist and co founder of the Home Owner's Passport, to explore the potential changes coming that could transform property transactions in the UK. With new legislation and digital advancements on the horizon, this year could be the turning point the industry has been waiting for. From the Digital Markets Competition and Consumer Act to government led digitisation projects, significant changes are underway to make the process of buying and selling properties faster and more transparent. With tighter consumer protection and more detailed property listings, agents will need to be proactive in gathering and sharing all material information upfront. These changes could drastically reduce delays, ensuring properties are marketed as contract ready from the outset. The future of conveyancing is clearly digital, and if estate agents act now, they can stay ahead of the curve. Don't miss out, listen now to find out what 2025 holds for the property market!

Unfair contract terms is a phrase you may have heard, but understanding this concept as a small business owner is more pressing now than ever before. In the past, small businesses were exempt from certain regulations regarding contract fairness. However, as of November last year, this is no longer the case. New legislation has made it critical for small businesses to ensure their contracts do not include unfair terms and the risks for non-compliance are very real, including penalties from $50,000 to $2.5 million, or even more.The Changing Landscape of Contract RegulationsStarting in November last year, small businesses lost their exemptions from certain contract-related regulations. New legislation called the Treasury Laws Amendment (More Competition, Better Prices) Act 2022, falling under the broader Competition and Consumer Act, has come into play. This has placed a spotlight on unfair contract terms, mainly due to increased penalties and heightened consumer awareness.What Makes a Contract Term Unfair?In simple terms, an unfair contract term is one that significantly disadvantages the consumer while disproportionately benefiting the business without reasonable necessity. A common example is termination clauses in service contracts. Impacts on Different Types of ServicesThis type of law isn't black and white, which is why compliance needs to be assessed on a case by case basis. In the example of a contract termination, we need to look at the business, the terms that were agreed, the nature of the services being provided and what the business can reasonably do to mitigate their loss. The context differs across various service offerings. One-on-one Coaching AgreementsCoaches with one-on-one services often have clauses such as “You cannot terminate early, and if you do, you must pay the full fee.” Such terms are often challenged because they unfairly demand payment for services not yet provided.Masterminds and Group CoachingFor structured group programs where all participants start and finish together, it is more reasonable to have strict termination clauses. This is because the integrity of the group relies on full participation, and filling a spot halfway through the program is impractical.Interior DesignersFor project-based services like interior design, a middle ground is needed. Design agreements should allow for termination, but with reasonable notice and payment for work already completed. Terms like this are more likely to be viewed as fair.What Happens If Your Contracts Are Challenged?If a court or tribunal finds that your contract includes unfair terms, it used to be that only the unfair clause would be voided. Now, an entire contract can be invalidated, leaving your business with zero protection. Penalties for such infringements range from $50,000 to $2.5 million, making it absolutely vital, now more than ever, that all your contract terms are fair and compliant.As a small business owner, making sure your contracts are fair and legally compliant is crucial, not only for avoiding legal issues but also for creating a sustainable business. If you're unsure whether your contract terms are fair, now is the time to act. Feel free to reach out to me for a chat, I'd love to hear from you.LINKS:Discover 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

Small Biz Matters: People, Policy, Purpose ~ Episode #231 Broadcast date: 30 April 2024 Host: Alexi Boyd, Small Business Advocate & Policy Advisor Guest: Gina Cass-Gottlieb, Chair, Australian Competition Consumer Commission Competition is a major part of law reform which affects all small businesses. Whether it's a small grocer in a regional town or a newsagent in a major city's shopping centre, having a level playing field is paramount to small business community survival. And without it, there is a serious impact on communities themselves. A reduction in foot traffic as a new shopping mall is built nearby, changes to infrastructure which bypasses a regional town's city centre in an effort to improve traffic, a big box retailer moving into the middle of town... these changes not only affect small businesses but their ability to grow, hire more people and continue to support their community. So, who's thinking of small businesses when these laws are being designed? It's the ACCC. The Australian Competition Consumer Commission's role has unique powers to administer and enforce the 2010 Competition and Consumer Act and other legislation promoting competition. Whether it's a big giant company gobbling up the competition with view for a bigger market share or a multinational company buying land to lock out their smaller competitors, or a large shareholder led conglomerate sidestepping competition laws by moving into a different segment the ACCC is keeping an eye on them to level the playing field. Today we welcome Gina Cass-Gottlieb, Chair of the ACCC to tell us about the important work they are conducting to ensure small business voice and perspective is heard in these complex negotiations.   PEOPLE –  Can you explain the unique powers of the ACCC? What are the benefits to small business to have a strong, vigorous competition in their sector? POLICY - Often the public reads about multiple enquiries into aspects of competition (in this instance the grocery sector); ACCC, Treasury, sometimes ACTU. Is it necessary? Isn't this a duplication? How do ACCC enquiries differ? the franchising code of conduct is administered by the accc and was recently reviewed by a former deputy chair of the ACCC, Dr Michael Schaper. It's endorsed the ACCC's suggestion to move to a licensing system. Where are we up to with that proposal? PURPOSE -  The law regarding unfair contract terms has recently been amended to improve protections for SB. How's that working out? Should small businesses fear the ACCC? After all, many see the sale of the business as succession planning and don't want any limitations placed on this as a possibility for their business. Can you explain the merger reform and this will benefit small business? How will increased regulation not mean more red tape? Gina Cass-Gottlieb commenced her 5-year appointment as Chair of the Australian Competition and Consumer Commission (ACCC) on 21 March 2022. Before she joined the ACCC Gina was a senior and founding partner of Gilbert and Tobin's competition and regulation team. Gina has over 25 years' experience advising on a large number of merger, competition and regulatory matters in Australia and New Zealand. She is widely recognised as one of Australia's leading competition and regulatory experts. Gina was appointed by the Commonwealth Treasurer to the RBA's Payments System Board in 2013 and again inin 2018. Gina was appointed to the Financial Regulator Assessment Authority in September 2021 and for 10 years Gina was a director on the board of the Sydney Children's Hospitals Foundation. Gina chairs the Digital Platforms Board and Financials Service Inquiry Board, and is a member of the Consumer Data Right Committee, Enforcement Committee, Infrastructure Committee and Communication Committee, Mergers Review Committee and the East Coast Gas Market Board, Electricity Markets Inquiry Board and Supermarkets Inquiry Board. Gina is also a member of the Bureau of the OECD Competition Committee. Gina holds Bachelor of Economics and Laws degrees from the University of Sydney and was a Fulbright Scholar at UC Berkeley from 1986 to 1987, obtaining a Master of Laws degree, majoring in US competition law, comparative constitutional law, financial institutions regulation and securities regulation. Gina is the first female Chair of the ACCC since it was established as an independent statutory authority in 1995.

Guest: Rejoyce Mashiane -Lawyer

CCL Consultants Principal and and Australian Compliance Institute facilitator Bronwyn Gallacher talks about 10980NAT Graduate Certificate in Compliance & Risk Management - Weekly Delivery - Livestream Register Now: https://thegrcinstitute.org/Events/eventdetail/2183 Course Information This certificate has been designed exclusively for senior GRC professionals looking to further develop their skills for career progression to the most senior level. Throughout this principles-based course, participants will tackle scenario-based challenges and be encouraged to creatively apply the skills learned to relevant and topical issues. Those who successfully complete this course will have the skills to excel in leadership positions. If you have completed the 10964NAT CertIV in Compliance & Risk Management, you only require an additional 3 years experience before completing this Graduate Certificate. Mode of Delivery - This course will be delivered on a weekly basis. - 10 sessions in duration. There will be weekly tutorials each Monday night via live stream, from 6:30pm-8:30pm (latest finish 9:00pm). Register Now: https://thegrcinstitute.org/Events/eventdetail/2183 About the Facilitator Bronwyn Gallacher is a CCRP (Fellow) Founder, Managing Director and Principal Lawyer of CCL Consultants Pty Ltd (CCL). Bronwyn is also ALDI Stores Code Arbiter under the Australian Food and Grocery Code of Conduct, Competition and Consumer Act 2010.

Sea 3 Ep 10 Emergency POP UP - “Amazon Inform Consumer Act” with Gabriella Neske  5/26/2023 RARE quick pop up on something that just hit almost all Amazon Sellers! Gabriella Neske, Sr Director Ecommerce Marketplaces for Mamiye Brother. Gabriella is a former Vendor Manager at Amazon along with a long career in retail and ecommerce. She joins Scott as she was the first to notify of this huge panic that shows up on so many Seller Central accounts on Amazon with this new law, Inform Consumer Act and all sellers have until June 27th 2023 to comply with this Federal new law! She walks us through on what it is, the way and how to get it handled. This fire drill also brings up other issues on getting the primary account holder to do the stuff and how do you actually transfer the primary account holder on Seller Central which is a whole other work around for everyone who needs to pass the torch.  Always Off Brand Simplifies Ecommerce and guarantees to make you laugh and learn at the same time!    QUICKFIRE Info:   Website: https://www.quickfirenow.com/ Email the Show: info@quickfirenow.com  Talk to us on Social: Facebook: https://www.facebook.com/quickfireproductions Instagram: https://www.instagram.com/quickfire__/ TikTok: https://www.tiktok.com/@quickfiremarketing LinkedIn : https://www.linkedin.com/company/quickfire-productions-llc/about/   Guests: Gabriella Neske  - Sr Director Ecommerce Marketplaces at Mamiye Brothers LinkedIn -https://www.linkedin.com/in/gabriellaneske/ HOSTS: Summer Jubelirer has been in digital commerce and marketing for over 15 years. After spending many years working for digital and ecommerce agencies working with multi-million dollar brands and running teams of Account Managers, she is now the Amazon Manager at OLLY PBC.   LinkedIn https://www.linkedin.com/in/summerjubelirer/   Scott Ohsman has been working with brands for over 27 years in retail, online and has launched over 200 brands on Amazon. Owning his own sales and marketing agency in the Pacific NW, is now VP of Digital Commerce for Quickfire LLC. Scott has been a featured speaker at national trade shows and has developed distribution strategies for many top brands. LinkedIn https://www.linkedin.com/in/scott-ohsman-861196a6/   Hayley Brucker has been working in retail and with Amazon for years. She is currently a Marketing Coordinator at Channel Key LLC. Hayley has extensive experience in digital advertising, both seller and vendor central on Amazon. Hayley is based out of North Carolina and has worked in multiple product categories and has also worked on the brand side and started with Nordstrom on the retail floor.  LinkedIn -https://www.linkedin.com/in/hayley-brucker-1945bb229/   Huge thanks to Cytrus our show theme music “Office Party” available wherever you get your music. Check them out here: Facebook https://www.facebook.com/cytrusmusic Instagram https://www.instagram.com/cytrusmusic/ Twitter https://twitter.com/cytrusmusic SPOTIFY: https://open.spotify.com/artist/6VrNLN6Thj1iUMsiL4Yt5q?si=MeRsjqYfQiafl0f021kHwg APPLE MUSIC https://music.apple.com/us/artist/cytrus/1462321449   “Always Off Brand” is part of the Quickfire Podcast Network and produced by Quickfire LLC.  

Ben Foley will facilitate an engaging workshop where you will discuss three worthwhile Admissions or Enrolment scenarios: Enrolling a student from a separated family that is not amicable;  Enrolling a student that has a ‘learnings' based disability; and  Statements made orally or in print in relation to what a school can offer and the possible implications under the Competition and Consumer Act 2010 (Cth) if statements are misleading.

Richard DiToma discusses a good way to look at issues regarding dealing with the public.        

Content communication can come with a minefield of legal issues. How do you identify legal issues? Who owns the content you are distributing? What happens when there is an intellectual property claim? This week go back to 2015 when contentgroup CEO, David Pembroke, sat down with leading commercial lawyer, Shaun Creighton, to discuss the copyright implications of creating and curating content. Shaun Creighton has specialist expertise in the identification, protection, and commercialisation of intellectual property rights. He has expertise and experience negotiating technology, broadcasting and commercial agreements. Previously, he has provided in-house Legal Counsel for the Australian Sports Commission and Melbourne 2006 Commonwealth Games Corporation. As a dual Olympian, Shaun has an extensive network in the sports and events industries. As part of ARETE Group's thriving sports law practice group, he represents professional athletes, national sporting organisations, media outlets and event organisers on matters ranging from drafting sponsorship and merchandising agreements to broadcasting rights disputes, copyright advice, trade mark registration services, selection appeals, privacy, governance advice and Competition and Consumer Act issues. Discussed in this episode: Intellectual Property Law – what is it? Why we need contracts - indemnity and liability How content marketing fits in with law The legal questions that arise when distributing content Resolving issues by identifying them upfront The potential risks of using social media channels Hosted on Acast. See acast.com/privacy for more information.

Content communication can come with a minefield of legal issues. How do you identify legal issues? Who owns the content you are distributing? What happens when there is an intellectual property claim? This week go back to 2015 when contentgroup CEO, David Pembroke, sat down with leading commercial lawyer, Shaun Creighton, to discuss the copyright implications of creating and curating content. Shaun Creighton has specialist expertise in the identification, protection, and commercialisation of intellectual property rights. He has expertise and experience negotiating technology, broadcasting and commercial agreements. Previously, he has provided in-house Legal Counsel for the Australian Sports Commission and Melbourne 2006 Commonwealth Games Corporation. As a dual Olympian, Shaun has an extensive network in the sports and events industries. As part of ARETE Group’s thriving sports law practice group, he represents professional athletes, national sporting organisations, media outlets and event organisers on matters ranging from drafting sponsorship and merchandising agreements to broadcasting rights disputes, copyright advice, trade mark registration services, selection appeals, privacy, governance advice and Competition and Consumer Act issues. Discussed in this episode: Intellectual Property Law – what is it? Why we need contracts - indemnity and liability How content marketing fits in with law The legal questions that arise when distributing content Resolving issues by identifying them upfront The potential risks of using social media channels

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/

Welcome to Finance and Fury Today – Want to start looking at what would likely survive another financial correction or worse, collapse Been thinking a lot recently about the structure of the modern economy – This episode is probably more like a FF ep, but this topic will have a massive impact on each of our lives at some point – where to have your money in preparation for the next crash Heavy topic - so a few things need to be explained before diving into what to look for in what will occur in the next collapse. If you listen regularly, you might have noticed a lot of topics have revolved around monetary policy lately – rate cuts, effects, etc. – Been looking for an answer to what the best investment would be in the event of a financial collapse As the current financial system of uncollateralised debt will be the cause This doesn’t mean that the Next Financial collapse is imminent and that you should rush and sell everything – but it is important to still pay attention to certain signals – Are people buying more or less luxury items, are they going on more or fewer holidays, what products are being marketed, how much are companies reinvesting profits, or paying it out as a dividend, and how much people are saving? These paint a thematic trend of the ‘mood’ of the economy – the economy collapsing is a financial collapse An economy can exist without money – i.e. barter – but two issues in modern economy without money Limited in wealth – people don’t have much in the way of physical goods – chickens, sheep, etc Very ineffective – imagine your own life – income from job in the form of food, you pay rent in tvs, which you get from trading away cookies you make The economy is a number of things, all bundled into one concept though – The invention of currency did revolutionise though – But at the core, the economy is between two players You have consumers – which are a major driver of growth – Demand Nobody to sell to – no companies If people can’t afford what you sell – no companies If people don’t want what you have – no companies You have producers – Those that provide the supply Nobody to buy from – you starve or have a low quality of life The cycle of the economy  There is a flow between consumers and producers – exchange of money for good or service All agree that the more that is being exchanged and if the growth of how much is being produced, consumed is going up, the economy would also grow Most people think of companies are producers – but they are also consumers Consumers can also be producers – I consume, but also produce at the company end – I am a bad consumer personally, but the company makes up a massive difference, and flow on effects of what people you receive an income from the company go on to consume. In the extreme example – this would be a ‘free market’ - system in which the prices for goods and services are determined by the open market and by consumers Producers are free to make what they want, sell at what they want and at the quality that they want – but what they want is what the consumer wants – the customer is always right – remember – company goes out of business if you have nobody buying your goods because someone else does it better. Individuals would be free to then dictate to the producers what they want with their wallet. Currency/money and the modern financial system allowed the economy to boom – connected billions of suppliers/consumers What gets in the way? Laws, taxes and regulations –to protect us, or provide growth in the government (expand capacity or revenues) I used to think that if we got rid of taxes, regulations, etc, we would have a free market Forgot the fact that the very cost of money is controlled (interest rates) – along with the supply of money At the higher level – this probably has more impact on the economy running inefficiently – a massive build-up of debt of nations and slowing growth There is no true free market - That was a quick overview of the nature of an economy and concept of the free market – Why is it important to know this? Looking at How to prepare crash revolves around looking at the interaction between these elements Goes beyond just human behaviours now with Government and regulators – as the outcome is based around what is allowed and what can be done – There is no way to be able to exactly call when where how on a crash – almost like predicting the weather – condition changes Start – most crashes are behaviour triggered, but system created Allows people to do what the system allows So behaviours create it in the system of the economy A much better idea about what would happen after based around looking at the system – Government – what can they do? Crashes of the past – panic selling - Most of crashes is behaviours – Governments step in to try to stop panics – showing action – Why govs banned short selling in GFC – otherwise it becomes a race to the bottom Also why the ‘bailouts’ occurred – action by gov to stop panic of banks/insurers going out of business The Gov has to show action – otherwise people may panic more making it worse – While action in the short term can reduce the panic – can lead to a massive problem down the road The actions the Government can take have to be legal though – laws/regulations tells us exactly how governments will act – just have to pay attention – so what can Governments do now that they couldn’t pre-2005? What if it blocked us from selling shares, or withdrawing money? Or take our deposits, or bank notes to bail out the economy? Take the cash out of your bank and freeze you selling any investments? Along with telling investment manager, stock exchanges, super funds to not trade a thing? It sounds like an impossibility, right? But sadly, Govs of the world think it can remove individual behaviours through similar policies nothing really new after all – just a massive increase in scope that they are slowly working towards Where to invest if the Gov can freeze bank accounts, convert or write off money invested/deposited with them?   What do the laws say is up for grabs in the next crash? Brings us to what are called Bail in laws – looking at these shows what to avoid investing in going forward Story to tell here – Cyprus, USA, Brisbane 2014, EU and AUS/NZ today – as bail in laws have been a decade in the making - There are one of the 3 alternative actions which can be taken in respect of a distressed bank Bankruptcy and liquidation of the bank, Bail-out, Bail-in Let a company fail, or find capital to provide liquidity (i.e. cash to pay off their debt obligations – debt>value) Why are bail in/outs needed? Economy is reliant on companies to run – producers – Letting them go bankrupt can be bad for the economy (which we are a part off) but sometimes one company gets so big that if one goes, they all go – house of cards - the concept of ‘too big to fail’ We saw bail outs in 2008 – large banks and insurance companies given funds as part of a securities purchase program of MBS or other debt instruments/derivatives – i.e. Given face value on an asset that’s prices are cents on the dollar injected $700 billion into some of the biggest financial institutions in the country Bank of America Corp. Citigroup, AIG But the government doesn't have its own money, so it must use taxpayer funds in such cases But that is limited to access based around the ire of the population   Enter Bail in (like a bailout) Still provides relief to a financial institution on the brink of failure through a resolution scheme used in distressed situations – list of what to do A bail-in is the opposite of a bailout – funds don’t come from external parties (i.e. governments using taxpayers’ money) With a bank bail-in - money of unsecured creditors (depositors and bondholders, hybrid securities, etc.) is used to restructure a banks capital to remain solvent – i.e. use certain liabilities on their book and convert them into worthless assets, essentially turning what was a debt into nothing - restructure the books Imagine that someone loaned you money to start a business – but the business is now bankrupt, so you tell your friend that you will give them some shares in your business to repay the loan bail-in and a bailout are both designed to prevent the complete collapse of a failing bank. The difference lies primarily in who bears the financial burden of rescuing the bank. Bailouts help to keep creditors from losses while bail-ins mandate creditors take losses   Bail-ins are becoming popular Bail-in schemes are being more broadly considered across the globe as a first phase resolution to help mitigate the number of taxpayers’ funds used in supporting distressed entities – Timeline – going back USA - The financial crisis of 2008 ushered in the term "too big to fail," Good phrasing for regulators and politicians – gives a rationale for rescuing some of the country's largest financial institutions with taxpayer-funded bailouts Public wasn’t happy – Occupy wallstreet - Congress passed the Dodd-Frank Wall Street Reform and Consumer Act of January 2010 eliminated the option of bank bailouts but opened the door for bank bail-ins modelled after a cross-border framework and requirements set forth in Basel III International Reforms 2 for the banking system of the European Union creates statutory bail-ins - Fed, the FDIC and SEC (alphabet soups) authority over companies in receivership But expanded the net of what companies fall under this legislation – now they can control non-banking institutions systemically important bank (SIB) - is a bank whose failure might trigger a financial crisis, or systemically important financial institution (SIFI) - insurance company, or other financial institution Insurances – Allianz, AIG, AXA, MetLife (few) Cyprus 2013 - uninsured depositors (defined in the EU as people with deposits larger than 100,000 euros) in the Bank of Cyprus lost a substantial portion of their deposits depositors received bank stock – but the value of the shares was at a fraction of the cashes Brisbane 2014 - Financial Stability Board (2009) and the International Organization of Securities Commissions mandate from the G20 and the Financial Stability board and the implementation of bail in regulations EU - In 2018 - incorporating bail-ins into its resolution framework the banking systems in EU distressed - low or negative interest rates, more bank bail-ins are a strong possibility. Today - Deposit Bail-In -overt example now in New Zealand under the Open Banking Resolution Australia – passed a mini version of this at start of 2018 - Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Act 2018 Treasury and politicians say there is no intent to bail-in deposits to rescue a failing bank Can’t comment on their intent – but had a fun weekend diving into this legislation – true that doesn’t say they can But doesn’t say they can’t either –in conjunction with other legislation though – Banks T&C - not impossible Actually – relatively easy – banks just need to reclassify deposits, can do without your consent What is definitely in there at this stage? - certain instruments and unsecured debts (deposits are this to a bank) to convert into shares – cover this and more in another ep Cover Types of assets to watch out for further – at some point in time – economy will take another tumble – who knows what bit of white noise will eventually trigger it But what types to avoid investing in is a start to protect your financial security – Run through this in another ep Thanks for listening! Sorry it was a heavy topic – thought I would share it though as there hasn’t been much discussion on this topic – why? Cover this in this Friday’s ep – and the investments next week.   If you want to get in contact you can do so here

Wits Radio Academy — At some point in our lives, we have wanted to return stuff back to where we bought them, or bought electronic appliances or gadgets, which do not work for an example. Do you know what rights you have as a consumer? To help us better understand how as consumers the law protects us, we had a discussion with Ouma Ramaru, a media liaison training and outreach manager from Consumer Goods & Services Ombud who handle consumer disputes with manufactures and shop owners, and Mr Akhona Nbetsu, a corporate legal attorney from Legal Aid SA who will help unpack the Consumer Act. In the Business Wrap, Zanele Kunene, talks about the fuel price hike, Eskom and JSE quarter results and how that all affects the economy and consumer prices. The Business Buzz is proudly sponsored by ABSA.

At some point in our lives, we have wanted to return stuff back to where we bought them, or bought electronic appliances or gadgets, which do not work for an example. Do you know what rights you have as a consumer? To help us better understand how as consumers the law protects us, we had a discussion with Ouma Ramaru, a media liaison training and outreach manager from Consumer Goods & Services Ombud who handle consumer disputes with manufactures and shop owners, and Mr Akhona Nbetsu, a corporate legal attorney from Legal Aid SA who will help unpack the Consumer Act. In the Business Wrap, Zanele Kunene, talks about the fuel price hike, Eskom and JSE quarter results and how that all affects the economy and consumer prices. The Business Buzz is proudly sponsored by ABSA. wits.journalism.co.za

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.

These are terms that are implied by statute into consumer transactions. These terms cannot be excluded by parties to a consumer contract. The definition of a consumer, the nature of transactions that are covered and specific guarantees implied into consumer contracts (sale of goods and supply of services) under the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

These are terms that are implied by statute into consumer transactions. These terms cannot be excluded by parties to a consumer contract. The definition of a consumer, the nature of transactions that are covered and specific guarantees implied into consumer contracts (sale of goods and supply of services) under the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.

These are terms that are implied by statute into consumer transactions. These terms cannot be excluded by parties to a consumer contract. The definition of a consumer, the nature of transactions that are covered and specific guarantees implied into consumer contracts (sale of goods and supply of services) under the Australian Consumer Law Schedule 2 of the Competition and Consumer Act 2010 (Cth) are discussed. Copyright 2013 Lola Akin Ojelabi / La Trobe University, all rights reserved. Contact for permissions.