Our most recent Product Liability articles are listed below:
01 September 2006
Class actions and Fostif create a new risk environment for directors and officers
If there is one lesson to be learned from the recent increase in Australian class action litigation against major companies, it is that this kind of litigation is no longer an exclusively American phenomenon.
25 May 2006
Are your products safe from the Trade Practices Act?
Many product-related claims brought against manufacturers include an allegation that there has been a breach of the consumer protection provisions contained in Part V Division 2A of the Trade Practices Act 1974 (Cth).
25 May 2006
Australia does not need a general safety provision, says the Productivity Commission
The Productivity Commission has published its final report in relation to the review of the Australian consumer product safety system.
25 May 2006
Product extortion threats — what you need to know
Product extortion threats, particularly over the past decade, have cost Australian manufacturers millions of dollars and present to the corporate victims of these crises challenges that include maintaining public safety and confidence in their products, while minimising negative publicity and potential legal liability.
17 November 2005
A forethought for malice
Lawyers have a much wider role to play than just advising on the legal liabilities companies face from malicious tampering and product extortion. This article explores how companies should approach crises and how lawyers should fit into the strategy.
09 September 2005
The Productivity Commission concludes that there is no need for a ‘general safety provision’ or any major changes
We reported in our May 2005 newsletter that the Productivity Commission was tasked by the Ministerial Counsel on Consumer Affairs to review Australia’s consumer product safety system and, specifically, to make consider whether the introduction of a general safety provision would result in significant productivity gains.
09 September 2005
Who can sue your business for negligence?
Being sued for negligence is a cost that all businesses want to avoid. So, what should your business be doing to avoid a claim in negligence?
09 September 2005
Product safety: the need for a systematic approach to compliance
Following the Productivity Commission’s Review of the Australian Consumer Product Safety System, there is a greater need than ever to ensure that organisations have a systematic approach to compliance.
09 September 2005
Update on recent development in the pharmaceutical industry
The trends in the health care and pharmaceutical industries include an increase in medical malpractice claims (despite the high standard of medical care in Australia) and an increase in the number of class actions against pharmaceutical and medical device manufacturers over the alleged adverse effects resulting from, or defects in, the use of these products.
31 May 2005
The rise of shareholder class actions in Australia
The Australian financial sector has undergone a facelift over the last 20 years and ‘shareholder vigilance’ is a phrase now appropriate to characterise our investment environment.
31 May 2005
Disclaimers — do they really work?
There is a prohibition on the making of false or misleading or deceptive representations in relation to the provision of goods or services in trade or commerce by the TPA and equivalent state legislation.
31 May 2005
What is an 'occurrence' in product liability insurance?
Picture this ... you have a successful small business importing wing nuts from Europe and on-selling to a local factory which uses the wing nuts to manufacture consumer goods.
31 May 2005
What’s happening with the proposal to introduce a 'general safety provision' for consumer products?
With the announcement that the Productivity Commission is to conduct research into Australia’s consumer product safety system, it is timely to provide an update on the proposal to introduce a 'general safety provision'.
14 April 2005
The rise of shareholder class actions in Australia
The Australian financial sector has undergone a facelift over the last 20 years and ‘shareholder vigilance’ is a phrase now appropriate to characterise our investment environment. Close to 55 per cent of adult Australians now own shares, either directly or though investments in managed funds and private superannuation.
07 September 2004
Are your warnings the ones that the product safety standards require?
A recent decision concerning an appeal by BMW Australia Ltd serves as a powerful reminder there is not much room for deviation where product safety standards are concerned—slight variations to mandated warnings may result in a breach of the Trade Practices Act.
