Corporate and Commercial

Misleading And Deceptive Advertising: Avoiding The Headache

The Federal Court decision against the manufacturer of Nurofen serves as a reminder of advertiser’s obligations when making claims about their products. The decision handed down in January 2018 provides guidance about what a proper scientific basis is to support a representation made in an advertisement. A proper basis is vital in order to avoid potential liability arising out of the operation of the misleading and deceptive conduct provision under the Australian Consumer Law for those who get it wrong.

Corporate Governance Helps Limit Business Risks

Corporate Governance gives comfort to business stakeholders and provides assurances that the business is being effectively managed. Many factors are incorporated into this term including the rules, relationships, policies, systems and processes whereby authority within the organisation is exercised and maintained. Corporate Governance is critical for a successful business.

ACCC Washes Out In Action Against Cussons

In 2013, the ACCC instituted proceedings against Colgate and Cussons for engaging in cartel conduct. Only Cussons defended the claim, which the Federal Court went on to dismiss. The key issue, in this case, was whether Cussons had entered into an arrangement or understanding with other members of the alleged cartel.

Assignment Of Liquidator’s Right To Sue: Considerations For Liquidators And Assignees

On 1 March 2017, a significant change was made to the Corporations Act 2001 (Act) involving a liquidator’s powers to sue various parties.  This change was the introduction of a new provision into section 100-5 in Schedule 2 of the Act.  It inconspicuously sits under “Other Matters” in the Schedule and permits a liquidator to assign actions to others, which historically only a liquidator could bring.