• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

    LEARN MORE
  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

    LEARN MORE
  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

    LEARN MORE
  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

    LEARN MORE
  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.

    LEARN MORE
ENQUIRE

$5,000,000 Punishment for Misleading and Deceptive Conduct Despite No Proven Harm

Well-known activewear brand Lorna Jane has recently faced the Federal Court on allegations of misleading and deceptive conduct. The case concluded with Lorna Jane agreeing to a massive $5,000,000 penalty, to pay legal costs, publish a corrective notice and ensure future compliance with the consumer law.

In 2020, during the height of the COVID-19 pandemic, Lorna Jane marketed and sold activewear with the “LJ Shield”. It was claimed that the shield would stop the transfer of pathogens, mould and viruses, including the COVID-19 virus. It followed that wearing the shielded activewear would eliminate or protect consumers from the virus.

The following advertisement was used prominently in the campaign:

The Court slammed Lorna Jane for its representations, saying that it was “exploitative, predatory and potentially dangerous.” The Court agreed that the representations were a serious breach of the Australian Consumer Law, also giving the following reasons:

  1. There is a need to deter others from making claims regarding COVID-19;
  2. The representations would have raised further fear and concern for consumers; and
  3. The representations had the potential to reach a large audience, as they were made on Instagram stories, media releases, advertising on its website, direct emailing, and in-store advertising.

The Court agreed to impose the $5,000,000 penalty despite there being no proof that customers were actually harmed by Lorna Jane’s representations. There was also no proof that Lorna Jane knew the representations were false or that they profited from them. This should act as a warning for businesses and a reminder to check that all business marketing is accurate.

If you are concerned about the accuracy of your marketing or business information, please contact one of our experienced lawyers at Taurus Legal Management on (03) 9481 2000 or info@tauruslawyers.com.au

Posted by Taurus Legal Management