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Carving through the snow and landing in a lawsuit - NSW Supreme court considers skiing a ‘dangerous recreational activity’

Most of us would be aware of at least one or two celebrities killed or seriously injured in skiing accidents, such as Michael Schumacher and Sonny Bono.   But how dangerous is skiing really? Are these well known cases mere anomalies in an otherwise safe sport?   The Supreme Court recently grappled with a similar question, considering whether skiing is a “dangerous recreational activity” in light of statistical data which, arguably, suggested otherwise.  

Transport operators and storage facilities face increased liability under recent Australian Consumer Law Amendments

Amendments to the Australian Consumer Law (“ACL”), which is a schedule to the Commonwealth Competition and Consumer Act 2010, passed by the Commonwealth Parliament on 18 October 2018 are likely to increase the exposure of domestic land transport and storage facility operators for goods damaged during transportation or storage.  
  • 10 Dec 2018

A fall from a ladder resulted in liability against a manufacturer under the Australian Consumer Law with a finding of 30% contributory negligence

The Court of Appeal found that a ladder had a safety defect, which caused the appellant to fall, such that the manufacturer was liable for damages under section 138 of the Australian Consumer Law.

Beware the Unfair – lessons to be learnt from JJ Richards?

The protections afforded to consumers under the “unfair contract terms” regime by the Australian Consumer Law and the ASIC Act 2001 has been extended to cover small businesses for over a year now.  

The stars align. Penalties for ACL breaches to match those for anti-competitive conduct.

In 2015 Consumer Affairs Australia and New Zealand (CAANZ) undertook a review of the Australian Consumer Law (ACL).

Check your standard form contracts: Federal Court nullifies unfair contract terms in landmark small business action

The ACCC has for the first time succeeded in an action that protects small businesses from unfair contract terms in standard form contracts.  In a landmark decision, ACCC v JJ Richards & Sons Pty Ltd, the Federal Court has declared eight terms used by JJ Richards in its standard form contracts unfair and therefore void.

Unfair Contract Terms – Hicksons Stands Ready to Assist

On 12 November 2016 new provisions were added to the Australian Consumer Law to protect small businesses from unfair terms in standard form contracts.
  • 24 Nov 2016

Consumer Law and Public Health Services

A recent Supreme Court case which concerned allegation of defamation (reported here on 26 September 2016) also raised the important issue of whether the sending of an email by a paediatrician was a breach of the Australian Consumer Law (ACL). 
  • 4 Oct 2016

Doctors expression of concern regarding school hearing tests not defamatory

A recent decision in the Supreme Court was required to consider whether a paediatrician and health service, being vicariously liable for the paediatrician, had defamed a director of a company or engaged in misleading and deceptive conduct.
  • 26 Sep 2016

Reform of Australian Country of Origin Food Labelling Laws

The Commonwealth and State Consumer Affairs Ministers have agreed to reform country of origin labelling for food to give Australian consumers clearer and more meaningful information about the source of the food they buy. The reforms are expected to commence from 1 July 2016 and business will have a two year transition period to bed down the new arrangements.
  • 6 Apr 2016

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