Algorithmic price personalisation: everything you need to know
Using algorithms to tailor prices to consumers is more common than you think, and presents various legal challenges.
By Dr Son Tan Nguyen - 2 min read
High Court provides guidance on class action waiver clauses
Recent High Court decision has confirmed that a class action waiver clause in the Ruby Princess class action was an unfair term under the ACL.
By Alex Tolliday, Hugo Wilesmith, Ben McLachlan and Chiara Biviano - 1 min read
Testing the competition: Legitimate restraints of trade
The Court of Appeal has provided helpful guidance on the level of competition sufficient to engage non-compete restraints where two companies indirectly compete.
By Cynthia Cochrane SC and Alexander Vial - 2 min read
Damages for breaches of statutory guarantees
Recent NSW Court of Appeal decision in Scenic Tours v Moore considers the damages awardable under the Australian Consumer Law for breaches of statutory guarantees.
By Christopher Croese - 2 min read
The Consumer Data Right – opportunity or risk?
Consumer Data Right is designed to level the playing field and help consumers find the best deal yet consumer awareness of the scheme is low.
By Debbie Smith - 2 min read
Berry v CCL Secure: new High Court guidance on counterfactual analysis
A closer look at the recent High Court decision emphasising the importance of precise pleading of counterfactuals.
By Cynthia Cochrane SC and David Harris - 2 min read
High Court soothes holiday disappointment in Moore v Scenic Tours
The keenly anticipated High Court decision in Moore v Scenic Tours Pty Ltd clarifies that mere injured feelings are not personal injury.
By Christopher Croese - 2 min read
Paying the price: sentencing for criminal cartel conduct
Recent cases provide guidance on how courts will approach sentencing of corporations and individuals for criminal cartel conduct.
By Catherine Bembrick and Liana Witt - 4 min read
Can the High Court heal the wounds of a bad holiday?
The case that’s set to provide much needed clarity on the scope of ‘injury’, ‘personal injury damages’ and ‘non-economic loss’ in the Civil Liability Act….
By Christopher Croese - 3 min read
ACCC gains momentum in its push for higher consumer law penalties
Recent cases provide insights in the ACCC’s push for higher consumer law penalties. By MICHAEL MILNES
By Michael Milnes - 1 min read
Time to play fair: franchising industry faces growing scrutiny
Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNES
By Michael Milnes - 2 min read