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Caitlin Waldron

Expertise

Caitlin practices in consumer law, regulatory compliance and  commercial disputes, with expertise in consumer law regulatory investigations and enforcement action, product safety and recalls, defamation, intellectual property, and corporate and insolvency matters.

Caitlin has recently worked as in-house legal counsel for a global beauty brand where she advised in relation to consumer law, regulatory compliance, marketing and advertising claims, intellectual property matters and key company contracts.

Experience

Examples of Caitlin’s recent experience include:

Australian Consumer Law

  • assisting with Australian Competition and Consumer Commission and Office of Fair Trading regulatory investigations and enforcement action
  • advising on product safety, product recalls and mandatory standards
  • advising on the Unfair Contract Terms Regime
  • advising on consumer guarantees
  • acting for clients in misleading or deceptive conduct claims including acting for a:
    • a large property developer in the Federal Court of Australia concerning a multi-stage mixed-use development on the Gold Coast
    • a client in the Supreme Court of South Australia in relation to a claim brought by the Commissioner for Consumer Affairs for misleading or deceptive conduct in relation to its advertising services.

Commercial disputes

  • Australian Consumer Law disputes
  • large complex contractual disputes including enforcement, termination and renegotiation
  • product liability claims and customer complaints
  • debt recovery
  • defamation and injurious falsehood for individuals in traditional and digital media.

Advertising and marketing

  • advising on advertising and marketing claims and communications, ensuring compliance with the Australian Consumer Law, Australian Securities and Investments Commission Act and the Spam Act.

Intellectual property

  • acting for a large Queensland builder for infringement of copyright in building plans
  • acting in various trademark and copyright infringement matters.

Data and privacy

  • advising a client in relation to a potential data breach
  • advising on company’s use of customer’s personal information.

Corporate and insolvency

  • partnership, shareholder and director disputes including acting for minority shareholders in Supreme Court of Queensland proceedings and Federal Court of Australia proceedings seeking orders for the winding up of a company on “just and equitable” grounds and on grounds of oppression and unfair conduct.

Publications

23 October 2024 - Knowledge

Federal Court fines Vanguard $12.9 million for greenwashing conduct

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Superannuation, Funds Management & Financial Services

The Federal Court has fined Vanguard Investments Australia Ltd $12.9 million for making misleading representations about its Ethically Conscious Fund. This is the highest penalty imposed on a business for greenwashing conduct to date.

01 October 2024 - Knowledge

Not so Good Guys: ACCC cracks down on misleading store credit and ‘StoreCash’ promotions

#Competition & Consumer Law, #Dispute Resolution & Litigation

The Australian Competition and Consumer Commission has initiated proceedings against The Good Guys, alleging that the retailer engaged in misleading or deceptive conduct concerning its Store Credit and ‘StoreCash’ promotions.

24 September 2024 - Knowledge

Down, down… to court we go: Coles and Woolworths in hot water over 'price drops'

#Competition & Consumer Law, #Dispute Resolution & Litigation

The ACCC has brought separate proceedings against Coles and Woolworths for allegedly misleading consumers with their 'Down Down' and 'Prices Dropped' promotions, falsely claiming discounts on products whose prices were temporarily increased beforehand.

20 August 2024 - Knowledge

Federal Court imposes $11.3 million penalty in ASIC’s first greenwashing case

#Environmental, Social and Governance (ESG), #Competition & Consumer Law, #Governance, #Superannuation, Funds Management & Financial Services

The Federal Court has fined Mercer $11.3 million in the Australian Securities and Investments Commission’s (ASIC) first greenwashing case. What can businesses learn from this decision and how can they avoid making misleading claims?

22 April 2024 - Knowledge

ACCC cracks down on misleading consumer guarantees and return rights for faulty goods

#Dispute Resolution & Litigation, #Competition & Consumer Law

Recent ACCC enforcement action taken against brands highlights the importance of ensuring your business complies with consumer guarantee rights under the ACL and your obligations to refund, repair or replace faulty items.

11 April 2024 - Knowledge

Eyewear retailer should have taken a closer look at their marketing settings

#Corporate & Commercial Law, #Data & Privacy

We look at recent action taken by ACMA against eyewear retailer Luxottica for breaching Australian Spam laws and highlight simple errors businesses should be aware of to avoid large fines.