May 2018

29 May

Posted at 12:18h in Commercial Law

Written by Eugene Reinboth The High Court recently rejected an appeal by Valve, a US-based company involved in online sales of computer games in Australia. Valve were appealing a three million dollar penalty for non-compliance with the Australian Consumer Law ("ACL"). Despite Valve only having an online presence and no retail outlets in Australia, the critical issue was that sales were to Australian consumers. Valve incurred a $3 million penalty for non-compliance. Your rights as an Australian consumer as protected by the ACL. The ACCC provides this summary of the ACL, which since 2011 has ensured consumer guarantees on products and services. Products Products must be of acceptable quality, which factors in what would normally be expected for the type of product at its cost. For products to be of acceptable quality, they must: Be safe, lasting, and with no faults. Look acceptable Do all the things you would normally expect them to do. Products must also: Match descriptions made by the salesperson on packaging, labels, and in promotions or advertising. Match any demonstration model or sample you asked for. Be fit for the purpose the business told you it would be fit for, and for any purpose that you made known to the business...

25 May

Posted at 11:42h in General

  Eugene Reinboth This is one of the many lovely reviews we've received about Eugene Reinboth. Keep reading to find out more about Eugene. Areas of Practice Business & Contract Law Commercial & Property Law Intellectual Property Franchising Building and Construction Wills & Estates Licensing, Gaming & Hospitality About Eugene Eugene joined Belperio Clark in 2009. In addition to his Law degree, Eugene holds a Masters of Business Administration from the University of Adelaide and a Masters of Intellectual Property Law from the University of Melbourne. Eugene has an enormous amount of experience across several areas of practice. Before joining Belperio Clark, he ran his own firm, ‘Reinboths – Business and Intellectual Property Law’ and before that enjoyed working as the managing partner of a long-standing Adelaide law firm. As well as representing individuals, Eugene acts for companies, small businesses, partnerships, franchisors, franchisees, not for profit organisations, restaurateurs, landlords and tenants. He also regularly represents owners and builders in disputes arising from building and construction contracts. Eugene speaks and writes Hindi and has a good understanding of India’s culture and business environment. Over the years, Eugene has tutored and lectured in various law subjects. He currently lectures in Corporations Law at Federation University’s Adelaide Campus. In his spare time, he...

23 May

Posted at 14:20h in Family Law, General

  Written by Bev Clark  At the beginning of a relationship, when both parties have love in their hearts and rose coloured glasses firmly planted on their face, neither party is anticipating the possibility that the relationship may fail. The reality is however, that a high proportion of relationships will indeed fail. The most common reasons for failure, not necessarily in order, are: Financial Incapacity – Not everyone has the same relationship with money, and if parties to a relationship are incompatible in this regard it is not surprising that it can be a source of contention in a relationship. If one party lives for the moment and spends what they earn and the other party prefers to live frugally and within their means, saving funds for the future, then arguments are going to ensue. In the ideal world, couples will have discussed their financial goals and have a good understanding of their financial habits prior to making a commitment to each other. Often, however, they do not openly discuss these things and only discover the incompatibility when the relationship is underway. Addiction – Addiction comes in many forms. It could be illegal substances, alcohol, pornography, gambling or prescription medication. It could be an obsession...

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