Resale price maintenance is illegal in Australia and a recent case has provided examples of what constitutes resale price maintenance and the actions the ACCC may bring in those circumstances. In this case, four-wheel drive accessory manufacturers MSA 4x4 Accessories Pty Ltd (MSA) and Offroad Animal Pty Ltd (Offroad Animal) have admitted their involvement in resale price maintenance. This practice involved instructing resellers to adhere to minimum price guidelines, effectively stifling comp...

Last week, we appeared in the Supreme Court of Queensland in relation to a statutory demand which has been served upon our corporate Client for an alleged debt. A statutory demand is a serious document that allows the company 21 days from service within which to either make an application to the Supreme Court to have the statutory demand set aside or to pay the debt. Therefore, it is really important that a company acts very quickly if it should receive a statutory demand. If the company do...

On 14 March 2024, the ACCC issued a final decision refusing authorization for Bakers Delight Holdings Ltd to introduce a price tiering structure for a selection of promotional items within its new point-of-sale system. Promotional discounts play a crucial role in enticing customers, offering them savings based on specific purchasing behaviors. These apply to various Bakers Delight products such as Value Packs and Combos, and are evaluated against a customer’s shopping cart to determine...