• 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.

  • 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.

  • 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.

  • 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.

  • 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.


Don’t Lie to Your Customers About Refunds

The ACCC has issued legal proceedings in the Federal Court of Australia against Booktopia. They allege that Booktopia have, on multiple occasions, made false or misleading representations to customers about their rights to a refund. This could see Booktopia paying significant fines.

Make sure your business uses this case as a warning and a prompt to update your refund policy.

The Law

As a business, you need to know your obligations to offer a refund. You must also be careful to accurately convey this to your customers. If you misrepresent your obligations or lie to your customers, you will be engaging in misleading and deceptive conduct under section 18 of the Australian Consumer Law. Section 18 covers a large scope of conduct in business and acts as a catch all provision.

What most people don’t know, is that incorrectly informing customers of their rights and remedies will also be a breach of section 29 of the Australian Consumer Law. Each of these provisions can lead to fines and serious cost consequences in court.

The Case Against Booktopia

The ACCC allege that Booktopia have engaged in two main breaches of the Australian Consumer Law, by:

  • Informing customers that no refunds would be given in any circumstances for eBooks and digital products; and
  • Informing customers that they were only entitled to a refund for other products if they notified Booktopia of any fault, damage or incorrect product within two days of delivery.

If the ACCC can prove Booktopia conveyed that information to customers, they will likely succeed in their case. The most egregious breach is excluding customers from any refunds for eBooks – this clearly misrepresents that the customer cannot even get a refund if the eBook is faulty.

Your Refund Policy

Make sure you check your refund policy for any mistakes and make a reminder to review it every 12 months.

Whilst it is generally ok for your refund policy to be silent on some issues, make sure that:

  1. There is no blanket ‘no refund’ policy. Your business legally has to offer a refund for any faulty or defective goods;
  2. You can choose whether or not to accept change of mind refunds or exchanges from customers;
  3. You should encourage your customers to look at the Australian Consumer Law to be aware of their rights and/or say that you offer refunds or exchanges in accordance with the Australian Consumer Law;
  4. Specify a timeframe within which the goods must be returned. This timeframe must be reasonable;
  5. Exclude (as far as possible) your business’ knowledge of any specific purpose which the customer is going to be using the goods for.

By implementing these changes and regularly reviewing your refund policy, your business will be less likely to breach the Australian Consumer Law and be targeted by the ACCC. For further advice, or to make arrangements for us to review and update your refund policy, please contact one of our experienced commercial lawyers at Taurus Legal Management on (03) 9481 2000 or info@tauruslawyers.com.au.

Posted by Taurus Legal Management