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1 month ago | 
lexology.com | Shaun Temby |Elizabeth Ireland
Undeniably, the prevalence of “dupes” across various industries, including beauty, fashion, and food, is rapidly increasing. Dupes are products designed to emulate the qualities, benefits, and appearance of high-end products at a cheaper price point, making them more accessible to a broader demographic of consumers. However, the legal ramifications associated with dupes continues to be a developing story.
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Jul 11, 2024 | 
lexology.com | Shaun Temby |Rebecca E. Griffiths
The regulation of digital platforms in New South Wales and the Australian Capital Territory has taken on a new character from 1 July 2024, as ‘Part A’ of the ‘stage two’ national defamation reforms come into force. These reforms are directed to the publication of material on virtually any digital platform, including social media platforms, review websites, search engines and forum platforms.
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Jul 2, 2024 | 
lexology.com | Shaun Temby |Elizabeth Ireland
Click here to listen to the audio. In our latest episode of Watchdog, join Maddocks Partner and series host, Shaun Temby, together with, Elizabeth Ireland (Maddocks Head of Trade Marks) and Natasha Faigenbaum (Senior Associate), as they explore the recent landmark case involving Invisalign Australia v SmileDirectClub, where the Federal Court of Australia ruled against SmileDirectClub for misleading representations in its clear aligner promotions.
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Jun 23, 2024 | 
lexology.com | Shaun Temby
Tesla has become synonymous with the development and implementation of autonomous driving technology worldwide. Its vehicles are marketed as arriving with autopilot features and hardware that may one day be capable of full self-driving. However, earlier this year in the United States, Tesla was sued for misleading marketing practices for claims that it allegedly incorrectly characterised the autopilot and full self-driving capabilities of its vehicles.
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Apr 30, 2024 | 
lexology.com | Shaun Temby
Click here to listen to the audio. Online floral and gift retailer, Bloomex, has recently been fined $1 million following an ACCC investigation. In this episode, regular Watchdog host, Shaun Temby shares key insights into Bloomex’s deceptive and misleading conduct.
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Mar 27, 2024 | 
maddocks.com.au | Catherine C. Dunlop |Taboka Finn |Rebecca E. Griffiths |Shaun Temby
The High Court has recently found that ‘a reasonable opportunity to respond to adverse material’ under the legislation governing the Victorian Independent Broad-based Anti-Corruption Commission (IBAC) requires an opportunity to respond to the substance or gravamen of the evidentiary material. Further, the use of the term ‘adverse material’ in the legislation meant that IBAC needed to give an opportunity to respond to not just the proposed findings but to adverse comments and opinions, as well.
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Mar 20, 2024 | 
lexology.com | Rebecca E. Griffiths |Shaun Temby
In this third instalment of our Defamation Reforms in Review series, we consider two recent high-profile defamation cases and delve into two of the most interesting, topical and complex defences that the publisher of an allegedly defamatory statement (the Publisher) may raise in defence of a defamation action: contextual truth and public interest.
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Mar 1, 2024 | 
lexology.com | Shaun Temby
Click here to listen to the audio. The Watchdog podcast is back for another year with series host and Maddocks Partner Shaun Temby. In this episode, Shaun recaps our ACCC 2023 in Review publication, which provides highlights from key developments and major cases during 2023, and what is next in competition and consumer law. We unpack topics including consumer protection, mergers unfair contract terms, technology and data and more.
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Dec 8, 2023 | 
lexology.com | Rebecca E. Griffiths |Shaun Temby
In the second article of our four part series on the current state of defamation law in Australia, we consider the following further key reforms in this area following their introduction in 2021:the single publication rule;the amendments to the concerns notice procedure; andoffers to make amends, and the defence available where a reasonable offer is rejected. Our first article in the series covered the most notable reform to this area of law, the new serious harm threshold.
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Nov 8, 2023 | 
maddocks.com.au | Danielle A. Funston |Andrew Ng |Shaun Temby |Chris LaGuzza
ASIC appealed the first instance decision of Justice Martin in the Western Australian Supreme Court, Australian Securities and Investments Commission v Jones [2023] WASCA 130. This decision had rejected ASIC’s claim.
