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1. Advertising Standards Board decision opens potential legal

Businesses have been told to monitor comments left on their Facebook pages, following a decision by the Advertising Standards Board which found a brand's Facebook page was an advertisement. The decision was prompted by a complaint to the ASB – the advertising industry's self-regulatory body – about the official Smirnoff Vodka Facebook page....

2. Australian distributor of Power Balance wristbands collapses

The Australian distributor of the controversial Power Balance wristbands will be placed into receivership today, with the owner of the business saying that sales have "evaporated" since the business provided undertakings to the ACCC to stop claiming the wristbands could improve balance, strength and flexibility. Power Balance Australia owner Tom O'Dowd has exclusively told SmartCompany that while he had been "naive" in thinking that the business would not by subject to laws surr...

3. ACCC says companies are responsible for dodgy testimonials p

Australian Competition and Consumer Commission chair Graeme Samuel says companies will be held responsible if they do not delete or respond to false, misleading and deceptive testimonials on Facebook or Twitter. The comments follow the Federal Court’s decision to fine an allergy products company and its director $7500 for allowing false and misleading testimonials to be published on its commercial Facebook and Twitter pages. The company, Allergy Pathway, and director Paul ...

4. How the Advertising Standards Board became the Facebook poli

Have you noticed the remit of the Advertising Standards Board seems to have been creeping? Last week underwear company Bendon came under fire from the ASB for a ...

5. ACCC gives big business 24 hours to fix Facebook comments, b

The consumer watchdog has weighed in on the debate over false and misleading comments on brands’ Facebook pages, calling for a 24-hour turnaround for large businesses and more leeway for SMEs. Following the Advertising Standards Board’s ruling last week that Facebook pages were an advertisement, the Australian Competition and Co...

6. Woolworths makes complaint against Bunnings as hardware war

Supermarket giant Woolworths has confirmed that is has lodged a complaint with the Australian Competition and Consumer Commission over the behaviour of the Bunnings hardware chain, which is owned by West Australian conglomerate Wesfarmers. Woolworths is in the process of establishing its own hardware chain in a joint venture with US-based hardware giant Lowe's. This will extend the battle ground between Woolworths and Wesfarmers, which also owns the Coles, Target and Kmart chains...

7. Whether to buy-in or start-up

Should I buy a franchise or an established business?     Buying a franchise Many people get a business loan or other type of business finance and rush into buying franchises, believing it is a quick way to get independence and an income. But remember; a franchise is not a business, but a way of do...

8. Midas Australia up for sale after collapsing into administra

Administrators are looking for a buyer for troubled car servicing company Midas Australia after the business was placed in administration by its directors on 23 December.Administrators are confident of finding a buyer for troubled car servicing company Midas Australia after the business was placed in administration by its directors on 23 December.Administrator George Georges of Ferrier Hodgson will hold a creditors meeting on 7 January in Melbourne and is in the process of attem...

9. TPG Internet agrees to stop misleading 'unlimited' mobile ph

Telecommunications company TPG Internet has been slammed by the Australian Competition and Consumer Commission after conceding that advertising for its “unlimited cap saver” mobile phone plan may have contravened the Trade Practices Act.    The ACCC began investigating TPG after the company published advertisements for the plan between September and December 2008 on television, in newspapers and outdoors. The ACCC argues that TPG made false representations and ...

10. Refund Home Loans boss slammed for making false statements t

The founder of Refund Home Loans, Wayne Ormond, has been slammed by Australian Competition and Consumer Commission chairman Graeme Samuels after Ormond admitted that statements made to franchisees about a supposed agreement with the ACCC were false and misleading. The Federal Court found Ormond had breached the Trade Practices Act after telling franchisees that the ACCC had approved the way Refund was dealing with franchisees. "Mate, I've had meetings with Graeme Samuel himself. ...

11. Melbourne shopping centre in receivership as retail woes con

Shopping centre owner and operator Austexx has again run into trouble, with its Spencer Street Fashion Station in Melbourne falling into receivership as retail industry conditions continue to worsen. The receivership is another blow to Austexx, which nearly collapsed last year as it struggled to pay off debt associated with its DFO chains. The company has outgoing ACCC chairman Graeme Samuel and rich list members David Goldberger and David Wieland as investors. The S...

12. Kleins collapse turns nasty

The administrator of collapsed jeweller Kleins will investigate breaches of the Corporations Act as accusations grow that the company was involved in misleading and deceptive conduct.Stephen Giles, partner at law firm Deacons, was working with a large group of franchisees and also trying to introduce potential buyers to the administrators to get the business sold. “We tried and we almost pulled a rabbit out of the hat,” he says. Giles wants further inves...

13. 10 ways to spy on your staff and stop fraud

It's one of the worst experiences an entrepreneur can imagine – having your business ripped off through fraud. Thousands of small business owners every year wake up to this nightmare, finding they've lost thousands of dollars, private business data and potentially even the company itself. But instead of protecting th...

14. Woolworths expands premium grocery chain with acquisition of

Supermarket giant Woolworths will expanded its Thomas Dux premium grocery chain by acquiring Melbourne organic grocery chain Macro Wholefoods.   Woolies launched the Thomas Dux chain last year and has two stores in the upmarket Sydney suburbs of Lane Cove and Paddington. Macro has eight stores and a development site in the Melbourne suburb of Port Melbourne.

15. The green advertising slogans that can land you in court

The consumer watchdog has launched a new guide to help businesses avoid illegally misleading consumers when promote the environment credentials of products or services.The Australian Competition and Consumer Commission’s Green Marketing and Trade Practices Act guide sets out some com...

16. Why ASIC wants to read your personal emails and text message

The Australian Securities and Investment Commission is pushing for access to personal emails, social media chats and text messages for its investigations of white collar crime. The corporate watchdog wants the powers to intercept the times, dates and details of telecommunications information along with access to the contents of emails,...

17. Refund Home Loans in administration but buyers waiting in th

Mortgage broking group Refund Home Loans has been placed in administration, but several buyers are considering acquiring the business which has more than 350 franchisees and a substantial stake in the growing alternative home loan market. The announcement comes just 18 months after the Australian Competition and Consumer Commission slammed the company and Ormond, after he admitted making false and misleading statements to franchisees about an agreement with the ACCC itself. It ...

18. ACCC launches legal action against energy broker Energy Watc

Victorian Greens Legislative Council Member Greg Barber has welcomed the ACCC action against energy broker Energy Watch, saying he has been raising the issue at a Victorian level since May. The Australian Competition and Consumer Commission (ACCC) is seeking an injunction against energy broker Energy Watch and its founder Ben Polis, alleging the company made false or misleading representations in its advertising. The ACCC alleges that Energy Watch claims to compare rates across al...

19. Trading Post to offer online auctions and take on eBay

Telstra-owned classifieds business Trading Post has seized on consumer outrage with eBay Australia’s decision to force customers to use its wholly-owned payment subsidiary PayPal by launching online auctions at its www.tradingpost.com.au site.In a bid to differentiate itself from eBay, Trading Post’s new auction site will offer sellers the chance to list auction items for free. Bruce Akhurst, chief executive of Tel...

20. Kogan Technologies slammed by ACCC

Online electronics retailer Kogan Technologies has been ordered to modify its advertising by the Australian Competition and Consumer Commission, after it was accused of possible misleading conduct.   Kogan Technologies, founded and run by 26-year-old Ruslan Kogan, manufactures and sells electronics assembled with different parts from major companies such as Samsung, LG and Sony.

21. Five management scandals: What you can learn

Companies screw up all the time. Look behind every business debacle, and you will find one of three time bombs: culture failure, systems failure and brain failure. The News Corp hacking scandal is a failure of culture. It has raised an important question about Rupert Murdoch's organisation: what is about the co...

22. ACCC launches legal action against telecommunications scam a

The Australian Competition and Consumer Commission has launched legal action against telecommunications and finance companies, alleging misleading and deceptive conduct and third-line forcing over the misuse of “bundled” contracts aimed at SME customers.The Australian Competition and Consumer Commission has launched legal action against telecommunications and finance companies, alleging misleading and deceptive conduct and third-line forcing over the misuse of “bundled” contracts aime...

23. 7-Eleven acquires Mobil’s retail fuel business

Convenience store and petrol chain 7-Eleven has acquired the retail fuels business of Mobil Oil Australia, with 295 stores to come under the chain's control. The deal comes after the Australian Competition and Consumer Commission blocked a $300 million bid from oil giant Caltex to purchase Mobile's stores, saying it would hinder competition and drive up petrol prices. 7-Eleven Australia chairman Russell Withers said in a statement the decision will increase its total number of s...

24. Tips to guard your online reputation

The internet has handed a megaphone to disaffected customers and business partners, and put them on a platform from which to broadcast their tales of woe to a mass audience.  Bloggers are quick to write negative experiences, and occasionally they strike a chord with their readers. The imp...

25. Federal Court slams another case of misleading advertising

The ACCC’s crusade against misleading advertising claims continues, with the Federal Court finding Ray’s Outdoors (owned by private company Harbin) took part in misleading and deceptive conduct during the opening of a South Australian store.The Australian Competition and Consumer Commission took action against the group when Ray’s Outdoors advertised a Rio Grand barbecue for $99 with a strike-through price of $299.99, suggesting a big discount.But the Federal...

26. Why Sol Trujillo should be sued for stuffing up Telstra: Koh

The story of how Telstra lost its network is one of hubris and bungling, of misreading the play in Australia by men from the US who thought they knew everything already. Shareholders should never forget this. Telstra should by now be the owner of a monopoly fibre to the node network - that is, its customer access network should have been modernised and the company should still be a private monopoly. The FTTN network modernisation project was announced, along with a new 3G ...

27. Trading Post takes another hit as Telstra licenses iconic cl

The iconic yet troubled classifieds publication the Trading Post has taken another hit, after CarSales announced it would license the brand and website from Telstra following several years of disappointing results – although experts suggest there may still be life in the masthead. It comes after years of trouble for the 46-year-old publication, during which it has suffered writedowns under the telco giant and a shift to publishing exclusively online that claimed hundreds ...

28. Pet food giant Bush’s International placed in receivership

Bush's International, the pet food manufacturer and distributor founded in the late 1950s, is the latest victim of the downturn. The large Sydney-based company, with manufacturing facilities around the country, was placed into receivership last Friday. Bush's is a private label supplier to the major supermarket chains. Sources say that one of the reasons for the failure is that raw material costs had increased and consumers had balked at the higher prices, turning to other brands ...

29. Suppliers vs online retail: how online businesses are being

It’s one of the biggest challenges for online retailers, and they’re getting fed up. Suppliers are attempting to curb the growth of online retailers by refusing to supply them with product, and by attempting to manipulate prices.   Several retailers have revealed to SmartCompan...

30. Michael Russell

Michael Russell is the chief executive of Mortgage Choice, Australia's largest independent mortgage broker. Russell was appointed in May, in the middle of an extremely difficult year for the company. He talks to SmartCompany about the pressure on commissions, the need for more competition in the banking sector and whether or not our kids will ...

31. James Packer’s shock resignation from Ten Network board pu

Has James Packer had a falling out with old pal Lachlan Murdoch? Is he trying to prevent a fresh falling out with Seven Network boss Kerry Stokes? Did he just step down to avoid being forced to do so by ACCC chief Graeme Samuel? These are just some of the questions swirling around Australia's media sector today after Packer suddenly stepped down from the Ten Network board yesterday, just months after he launched a $250 million share raid on the company and started pushing for major chan...

32. Franchised Midas car care finds big name investors

Embattled franchise car care chain Midas Australia has attracted two big names to its share register. Lazard Carnegie Wylie Investment Management and former Coles Myer chief executive John Fletcher have invested in the 90-store car care chain, owned by chief executive Philip Bonney. Fletcher, who was chief executive of Brambles before he joined Coles Myer, has become the company’s chairman and a representative of Lazard Carnegie Wylie, which has investments in fi...

33. Two solar operators slammed by ACCC for misleading and decep

Two solar panel retailers have been forced to amend their marketing campaigns by the Australian Competition and Consumer Commission after it was found their conduct was potentially misleading and deceptive. The case points out why solar buyers need to be extremely careful when dealing with technicalities about how much energy may or may not be saved by installing panels, another company says. The ACCC says Queensland Solar Systems and State Solar Services admitted it was likely ...

34. Kraft buys Cadbury in $21 billion deal, ending weeks of spec

The long-awaited deal between American food giant Kraft and British confectionary maker Cadbury has gone ahead in a deal worth about $21 billion, creating a giant firm worth billions and containing dozens of brands. The company reportedly amended its original deal in order to earn the approval of both Cadbury and billionaire Warren Buffet, who is Kraft's biggest shareholder. The deal marks the end of a volatile period for both companies, with Cadbury initially rejecting a Kraft o...

35. Sell stuff online, with video... The e-catalogue is here...

 Sell stuff online, with videoThe e-catalogue is hereSuper funds earnings climbFree SMS, with adsFranchise skills shortageQuote of the day 

36. eBay sellers launch a second wave of attacks over PayPal

A group of eight eBay sellers has written to Assistant Treasurer Chris Bowen and a host of other federal and state ministers demanding that eBay overturn its decision to force eBay sellers to offer PayPal as a payment option.A group of eight eBay sellers has written to Assistant Treasurer Chris Bowen and a host of other federal and state ministers demanding that eBay overturn its decision to force eBay sellers to offer PayPal as a payment option.The letter, published today on IT...

37. Paving company Spray Pave Australia slammed by ACCC over fal

The Australian Competition and Consumer Commission has slammed a paving company, which claimed to be a franchise and part of an international group in order to try and sell business units. Spray Pave Australia is a seller of Spray Pave businesses which provide spray-on concrete treatment for driveways and outdoor recreation areas. After an investigation by the consumer watchdog, Spay Pave Australia has been forced to admit that it is likely to have breached the Trade Pract...

38. ACCC launches unconscionable conduct action against franchis

The Australian Competition and Consumer Commission has launched legal action against franchisor Seal-A-Fridge and its director Nigel Rooney, alleging the company engaged in unconscionable conduct towards its franchisees.The Australian Competition and Consumer Commission has launched legal action against franchisor Seal-A-Fridge and its director Nigel Rooney, alleging the company engaged in unconscionable conduct towards its franchisees.Seal-A-Fridge, which is the franchisor of a...

39. ACCC accuses mobile phone company Excite Mobile of concoctin

The South Australian-based mobile phone company Excite Mobile Pty Ltd stands accused of pressuring customers for payments through a fictional independent debt collector, and telling customers their assets – including children's toys – could be repossessed if they didn't pay their bills. In a wide-ranging case by the Australian Competition and Consumer Commission, the mobile phone service provider is accused of sending letters to almost 1,100 customers that purported to come from an in...

40. Furniture chain Super A-Mart apologises after ACCC investiga

Furniture retailer Super A-Mart has been slapped by the Australian Competition and Consumer Commission after three incidents that could have mislead customers. In January 2007, Super A-Mart ran advertisements indicating it would clear all floor stock. However, some stock located on the floor was not available for sale. In September 2007, an advertising campaign claimed some price reductions would only apply during the ‘Thursday Thumper Sale'. But the ACCC found som...

41. ACCC’s first big case under new component pricing laws cat

Australia's consumer watchdog has claimed its first scalp under new component pricing laws, which requires companies to include the total cost of goods or services in a single advertised price, with Fitness First under fire for a special discounting joining fee promotion. The Fitness First "gold coin to join" promotion, which ran during January and February of 2010, said that gym customers could pay a "gold coin" and a special administrative fee to join the gym network, instead of the us...

42. Owner of Blockbuster DVD rental chain to meet Small Business

The owner of the Blockbuster and EzyDVD retail chains, Paul Uniacke, will meet tomorrow with Federal Small Business Minster Craig Emerson to discuss allegations that supermarket giants Coles and Woolworths are using their market power to deeply discount DVD prices. Uniacke, who owns the Franchise Entertainment Group, is concerned about recent promotions run by Woolworths and Coles that have offered new release DVD tit...

43. The best and worst of 2011

Nerds lost their leader, a sexy Spaniard entered Australian retail, Qantas chose to ground its planes and banks and Gerry Harvey finally caught up with the rest of the world. Corporate Australia hasn’t disappointed this year. Yes, it’s time for SmartCompany’s annual awards for the greatest achievements and biggest brouhahas. If you think we've missed something, let us know in the comments below.

44. ABC Learning Centres facing shareholder class action

Beleaguered childcare centre operator ABC Learning Centres will be forced to fight a class action from shareholders alleging misleading and deceptive conduct and breaches of continuous disclosure obligations between August 2007 and April 2008.Beleaguered childcare centre operator ABC Learning Centres will be forced to fight a class action from shareholders alleging misleading and deceptive conduct and breaches of continuous disclosure obligations between August 2007 and April 2008....

45. Iconic brands could disappear as supermarkets now at their s

The future of Australia's iconic retail and grocery suppliers is in doubt, according to one of the country's leading industry executives, who says Coles and Woolworths are at the strongest the pair have ever been. As a consequence, PacBrands chairman Peter Bush has said it is entirely likely smaller companies will begin to disappear as the duopoly move into new segments of business. Pacific Brands was contacted by SmartCompany this morning, but no reply was available prior...

46. Bakers Delight franchise off the ACCC hook

Franchisee activists hoping for a new dawn in franchise regulation will be disappointed by the competition watchdog’s decision not to prosecute bakery franchise Bakers Delight in relation to unconscionable conduct allegations. The Australian Competition and Consumer Commission announced yesterday that it had concluded its investigations into

47. Allphones ordered by Federal Court to pay franchisees $3 mil

The long-running battle between the Australian Competition and Consumer Commission and mobile phone franchise chain Allphones has finally been resolved, with the Federal Court ordering the chain and its executives to pay 55 franchises $3 million plus costs for a prolonged campaign of unconscionable conduct. Following a settlement brokered by the ACCC on behalf of the franchisees, Justice Graeme Foster of the Federal Court found that Allphones and its executives Matthew Donnellan, Tony Bak...

48. SA Government introduces franchise legislation

The South Australian Government has introduced franchise legislation by stealth via a previously unannounced amendment to its exposure draft of the Small Business Commissioner bill which enables the state to adopt and enforce penalties for breaches of existing national industry codes, including the Franchising Code of Conduct, and the Oil Code, among others.   The Small Business Commissioner Bill 2011, which is understood to already be at an advanced stage of the legislativ...

49. Web 2.0: the new divide

Savvy SMEs are harnessing Web 2.0 to attract and interact with customers. It is technology other firms are ignoring at their peril. By BRAD HOWARTH. By Brad HowarthThe business world is fast dividing between those who “get” Web 2.0 and internet marketing and those who do not. While many businesses are embracing new technology and consumer empowerment, some are being completely left behind, with their heads in the sand. But most busines...

50. Court slaps $500,000 penalty on publishing companies who rip

The Federal Court in Brisbane has ordered three publishing companies and their director to pay penalties totalling $500,000 for swindling small businesses by spruiking advertising services that were never requested or provided. The Australian Competition and Consumer Commission brought the proceedings in which the publishing companies and the companies' director And...