Advertising and Marketing Practices: The Legal Concerns

Enforcement of advertising and marketing breaches is on the rise. Join us for a conference focused on essential topics including recent ACCC enforcement actions, greenwashing risks and liabilities, and navigating intellectual property issues in advertising. Gain insights into current regulatory trends and learn practical tips for risk management. Explore the impact of AI tools on marketing strategies and customer engagement. This event is a valuable opportunity to deepen your understanding of the evolving legal landscape in advertising and marketing law.

Tuesday, 25 March 2025
Chair:

Shaun Miller, Principal, Shaun Miller Lawyers

2.00pm to 2.50pm Recent Learnings from the ACCC Inside and Outside the Courtroom: Advertising, Marketing and the Regulator

 

  • Current key focus areas of ACCC
  • Recap of the regulatory regime and penalties
  • An examination of recent enforcement action and court action taken by the ACCC, including in respect of:
    • Misleading pricing claims
    • Unfair contract terms
    • Issues relating to digital platforms 

Presented by Sarah Butler, Partner, Holding Redlich 

3.40pm to 3.55pm Afternoon Tea
3.55pm to 4.45pm Advertising and Marketing: Hot Topics, Tips and Traps

 

  • Navigating IP risks in advertising and marketing
  • Overview of recent advertising/consumer law cases
  • Other trends and issues including online marketing and privacy  

Presented by Alison Jones, Special Counsel, Corrs Chambers Westgarth

Description

Attend and earn 3 CPD units including: 
2.5 units in Substantive Law 
0.5 units in Professional Skills  
This program is applicable to practitioners from all States & Territories

2.50pm to 3.40pm Greenwashing Advertising Risks: Current Position and Key Client Takeaways

 

  • What is greenwashing?
  • Greenwashing liability risks: key prohibitions under Australian Consumer Law and maximum money penalties
  • Recent trends and regulatory guidance; greenwashing enforcement action
  • Greenwashing risk management tips   

Presented by Odette Gourley, Partner, Corrs Chambers Westgarth; Leading Individual – Intellectual Property, Legal 500 Asia-Pacific

Professional Skills
4.45pm to 5.15pm Marketing Trends for Advertising and Marketing Lawyers to Understand – AI Agents, Avatars and AI Companions

 

  • 70% of the Customer Journey is completed before reaching out to a vendor - how is that data being used?
  • The good, the bad and the ugly of AI in practice
  • Impact of new tools like AI forecasting, Predictive Lead Scoring, Customer Platforms and Prospect Intent 

Presented by Tony Eades CSP, Co-Founder/Chief Strategy Officer, Salted Stone

Presenters


Shaun Miller, Principal, Shaun Miller Lawyers
Shaun attained his Honours Law Degree, a Commerce Degree and a Graduate Diploma in Intellectual Property Law, all from the University of Melbourne. He has specialised in film and entertainment law for over 25 years, and also has a background working in film distribution and exhibition via Sharmill Films and Cinema Nova. Shaun founded his sole practice law firm Shaun Miller Lawyers in 2010. The firm predominantly acts for production companies that make film content - feature films, telemovies, documentaries, television series, short films, animations and online projects including web series. Legal services are provided at each stage in which that film content is made: development, financing, production, distribution and marketing. He is a Senior Fellow at the University of Melbourne within the Faculty of Fine Arts and Music. Volunteer positions include the Stonnington Free Legal Service and providing pro-bono legal advice to students at the VCA Film and TV School. A highlight of Shaun’s career to date has been acting as the production lawyer on Adam Elliot's film "Harvie Krumpet", which won the Oscar for best short animated film in 2004. Other highlights include being awarded Lawyer of the Year, Entertainment Law, Best Lawyers 2019 and 2023 as well as being selected onto the Doyle’s Guide 2022 and 2023 listing of Recommended Victorian Non-Contentious Intellectual Property Lawyers and the Doyle’s Guide 2024 listing of Recommended Victorian Technology, Media and Telecommunications Lawyers. Shaun recently reached the milestone of notching up over 300 “legals” credits on his IMDb profile covering “legals” on an array of film projects. This is coupled with the milestone of over 60 “Executive Producer” credits on his IMDb profile so far. Media appearances include ABC Radio National's "The Law Report" and 3RRR's "The Party Show" (as "Shaun About Town"). Memberships include the Law Institute of Victoria, the Intellectual Property Society of Australia and New Zealand (IPSANZ), the Melbourne International Film Festival, the Melbourne Queer Film Festival and 3RRR.


Tony Eades CSP, Business Re-Thinker and Co-Founder/Chief Strategy Officer, Salted Stone
Tony is Australia’s leading business re-thinker, leveraging strategy and technology to enhance brand positioning and customer experience for businesses of all sizes. Passionate about future-proofing brands, he helps them thrive in an evolving marketplace shaped by AI and automation. Tony is a frequent writer for publications like the Sydney Morning Herald and appears on Channel Nine and Channel Seven’s Kochie’s Business Builders. He has delivered talks across Australia, Asia, and the US, and currently serves as Chief Strategy Officer at Salted Stone, a global digital marketing agency. Recently, he published his first book, How To Start A Business in Two Weeks, available on Amazon and in bookstores.


Sarah Butler, Partner, Holding Redlich 
Sarah Butler is a corporate, commercial, and media lawyer with a focus on the media, entertainment, and broadcasting industries. She advises a diverse range of clients, including television and radio networks, technology companies, and advertising agencies. Her recent experience includes advising on proposed reforms to radiocommunications legislation, acting for a commercial radio station in high-profile court cases, and assisting a private equity firm with a significant divestment. Additionally, Sarah has supported production companies with co-production agreements and provided guidance on corporate governance and directors' duties. She is also involved in election funding matters for political parties and has contributed to the Royal Commission into Trade Union Governance and Corruption.


Odette Gourley, Partner, Corrs Chambers Westgarth
Odette is one of Australia’s leading intellectual property and regulatory lawyers, specialising in the pharmaceutical and life sciences sectors. With expertise in patents, trademarks, copyright, and trade secrets, she navigates complex regulatory landscapes, including the Competition and Consumer Act and various industry-specific regulations. Notably, Odette has contributed to landmark cases that have shaped Australian law, such as successfully defending AstraZeneca's drug formulation patent and representing Gallo in the High Court on trademark use. Her experience extends to defending advertising claims and providing insights into emerging trends in IP and regulatory law, making her a sought-after authority in the field.


Alison Jones, Special Counsel, Corrs Chambers Westgarth
Alison is a Special Counsel at Corrs Chambers Westgarth, specialising in IP, competition and consumer law, and entertainment law. She has extensive expertise in IP protection and enforcement, commercialisation, advertising disputes, and regulatory issues across various industries, including food, cosmetics, and life sciences. Alison advises leading companies on matters related to product liability, privacy, and cross-border transactions. Additionally, she has held General Counsel-level secondments at prominent global companies, including a US pharmaceutical firm and a major FMCG corporation. Her diverse experience positions her as a trusted advisor in complex legal landscapes.

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Advertising and Marketing Practices: The Legal Concerns

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Single Session
Tuesday, 25 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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