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Bayston Group

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What interests us

Don’t pay (yet)!

Private car parking operators are notorious for presenting customers with onerous terms and ‘payment notices’ for overstaying the purchased time.  Consumers should be aware that these practices are often illegal and the “payment notices” unenforceable. The rule of thumb is that if the amount claimed is a “penalty” then it is unenforceable. If it is […]

Crackdown on unconscionable dealings

The Australian Competition and Consumer Commission (ACCC) has now begun to exercise its powers under the Australian Competition and Consumer Act 2010 (the Act), recently accusing Coles of engaging in unconscionable conduct. Coles must now defend itself against claims that, in violation of the Australian Consumer Law (ACL), it used unfair tactics and pressured suppliers […]

Better Call Saul

Breaking Bad’s infamous ‘Saul Goodman’ begins his professional relationship with the series’ anti-heroes by demanding that each place one dollar in his pocket, for the purposes of enacting attorney-client privileges. Is this a dramatic device, or is this how situations really unfold in the U.S.? Would such an act be required in Australia? Legal professional […]

Privacy Laws now have teeth

New Privacy laws came into effect 12 March 2014. The Australian Privacy Principals (APPs) consist of 13 principals and replace the Information Privacy Principal’s (which applied to the government sector) and the National Privacy Principals (which applied to some businesses). For the APPs to apply a business must: * have an annual turnover of greater […]

Coles freshly baked goods come under fire

Claims by Coles that its baked goods are freshly baked in store have drawn the ire of the ACCC. The ACCC is pursuing Coles for false, misleading or deceptive claims in relation to the bakery items. If the ACCC is successful, Coles could be up for some serious dough.   The goods are either baked […]

U.S. vs Apple Inc. et al

    Recently a Federal Court Judge in the USA ruled that Apple colluded to fix e-book prices, in violation of anti-trust law. What happened: In 2010, when Apple was about to launch the iPad and iBookstore, Amazon.com had a monopoly on e-book retailing. Amazon’s success was largely due to the popularity of Kindle and […]

PPSR fails creditors. How secure is your personal property?

When the Hastie Group Limited went into administration a few months ago it had $6.4 million in plant and equipment. Administrators faced 995 registered interests over this equipment on the Personal Properties Securities Register (“PPSR”). Administrators had trouble identifying which security interests related to which items because of the vague language used on the register. […]

Legal Professional Privilege

At Bayston Group we focus on preventative law, doing whatever we can to help our clients resolve disputes without costly litigation. Of course, sometimes clients do end up in court. When this happens documents relevant to the subject matter of litigation must be made available to the other side. One exception to this is documents […]

Plain Jane – cigarette packaging loses its edge

The High Court has upheld a law that will make cigarette packaging as unglamorous as possible. The Tobacco Plain Packaging Act, forces cigarette companies to remove brand colours and logos from packaging. From December 1, cigarette packaging will be a generic olive green slapped with graphic health warnings. Five tobacco giants including British American Tobacco […]