Advertising and Marketing Legal Risks, Obligations and Liabilities

Take a deep dive into critical updates on the latest enforcement priorities and regulatory developments affecting advertising and marketing practices in Australia. With greenwashing enforcement accelerating, take a detailed look at recent ACCC proceedings, including and their implications. Examine ACCC enforcement trends relating to misleading conduct, unfair contract terms and pricing practices, and what businesses must do to reduce risk. Unpack recent ACMA enforcement actions on digital compliance, spam and cookie breaches plus understand emerging enforcement action of dark patterns practices. 

Tuesday, 24 March 2026

Early Bird Discount ends 19 Dec 2025
Description

Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories 

Chair:

Ben Coogan, Partner, Thomson Geer

2.45pm to 3.30pm Misleading Conduct, Unfair Contract Terms and Pricing Practices: Recent ACCC Enforcement Trends

 

  • Misleading advertising practices, including strike-through pricing; ACCC v Emma Sleep and failures to deliver goods or services within advertised timeframes; ACCC v Mosaic
  • Auto-renewal subscriptions and their potential to mislead consumers; ACCC v eHarmony
  • Controversial pricing strategies, such as drip pricing and dynamic pricing   

Presented by Daniel Tynan SC, 12 Wentworth Selborne Chambers; Recognised in Doyle’s Guide and Legal 500 as a Leading Barrister in Competition and Consumer Law, co-author of Uniform Evidence Law: Commentary and Materials 7th ed, 2023 

4.30pm to 5.15pm Dark Patterns: Emerging Enforcement under the ACL and Privacy Law

Presented by Peter Le Guay, Partner, Thomson Geer 

3.45pm to 4.30pm Sending Electronic Marketing Communications: Obligations, Risks and Recent Enforcement

 

  • Spam Act obligations: compliance essentials
  • Recent ACMA spam enforcement action: big fines for mischaracterising messages!
  • Privacy Act obligations: compliance essentials
  • Recent OAIC enforcement
  • Proposed Privacy Act reforms impacting electronic marketing: future-proofing now 

Presented by Cate Sendall, Special Counsel, Addisons 

2.00pm to 2.45pm Avoiding Greenwashing Risks

 

  • Obligations under the Australian Consumer Law
  • The current enforcement approach of the ACCC
  • Clorox fined $8.25 million for misleading claims that its garbage bags were made from recycled “ocean plastic”
  • ACCC proceedings against Australian Gas Networks Limited regarding its ‘Love Gas’ TV and digital advertising campaign
  • ACCC proceedings against Edgewell regarding Banana Boat and Hawaiian Tropic sunscreen “Reef Friendly” claims 

Presented by Charles Coorey, Partner, Gilbert + Tobin; The Best Lawyers in Australia 2026. Recognised for Competition Law; The Legal 500 Asia Pacific 2025, Leading Partner for Competition and Trade 

3.30pm to 3.45pm Afternoon Break

Presenters

Charles Coorey, Partner, Gilbert + Tobin
Charles Coorey is a Senior Associate in the Allens team. Charles advises on all aspects of competition and consumer law and clients he works with include Rio Tinto, eBay, News Limited and FOXTEL. Charles regularly provides compliance training and publishes widely in the competition and consumer law areas.

Peter Le Guay, Partner, Thomson Geer
Peter is an expert in intellectual property and advertising law, with over 25 years of experience in protecting and enforcing clients' IP rights and advising on advertising claims. As a registered trade mark attorney, he manages IP portfolios for global organisations and conducts due diligence audits while negotiating complex licences and assignments. Peter is also an accomplished litigator, regularly appearing in the Federal Court on IP disputes and consumer protection issues. He advises on marketing strategies, including promotional terms and privacy regulations, and provides guidance on digital marketing and data use.

Daniel Tynan SC, Barrister, 12 Wentworth Selborne Chambers
Daniel has been practising at the New South Wales Bar since 2008. He is an experienced advocate with a broad ranging commercial practice and regularly appears in large, complex, high profile and high value litigation. Daniel has particular expertise in competition law and consumer law in which he is regarded as one of Australia’s leading barristers. In this field he regularly advises and acts for private clients and the ACCC and has appeared in many of the significant cases in recent years. Daniel is listed in Doyle’s Guide and Legal 500 as a Leading Barrister in Competition and Consumer Law. He has represented multinational companies, financial institutions and individuals in proceedings brought by various international and domestic regulators involving allegations of cartel conduct, fraud, market manipulation, money laundering and other corporate crime and misconduct. Daniel appears principally in trial and appellate matters in the Federal Court and State Supreme Courts. Daniel is briefed regularly in proceedings for and against Australia’s key regulatory agencies including the ACCC, ASIC, AUSTRAC, the AFP, the TGA, the OAIC and the New South Wales Crime Commission.

Ben Coogan, Partner, Thomson Geer
Ben practices in all areas of intellectual property law including agreements and disputes, information technology, confidential information and privacy, competition and consumer law, and litigation and has over 25 years’ experience in legal practice. In addition to his intellectual property law experience, Ben is also an experienced practitioner in the area of defamation and media law. He has considerable specialist litigation and prosecution experience in patent, copyright, trade marks, designs, and confidential information matters. Ben's experience extends from acting locally in Queensland, to national and international matters. He also has broad experience across the Federal Court of Australia. Ben advises international and national clients on their intellectual property and technology related contracts (including technology development and outsourcing arrangements), technology and IP licensing, research collaborations, e-commerce, intellectual property procurement and supply agreements, and regulatory compliance issues. He has experience acting as the independent reviewer of companies' competition and consumer law compliance programs and reporting to the ACCC. Ben is a qualified mediator, and regularly acts as mediator in a variety of disputes. He also has experience in acting for clients and as an independent supervising solicitor in the execution of Anton Piller orders.

Cate Sendall, Special Counsel, Addisons
Cate’s clients include manufacturers and suppliers of a wide range of consumer goods (including personal care and household products) and technology. She advises on all manner of regulatory and compliance matters, in particular, compliance with relevant industry regulations, licensing, packaging and labelling, advertising and marketing, responses to advertising complaints and e-commerce issues. Many of Cate’s clients are in the digital and direct selling sectors. Cate regularly advises clients on all facets of privacy and data protection including drafting privacy documents, conducting privacy impact assessments and advising in respect of privacy aspects of transactions and commercial agreements. Cate regularly assists clients in very stressful times with responding to data breaches and complying with their privacy and data breach notification obligations. Often her work relates to the Australian operations of large international businesses which involves her dealing directly with the global headquarters in taking instructions and providing advice. Cate joined Addisons in 2005, prior to which she gained experience with a specialist intellectual property firm as well as with the Sydney office of an international firm.

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Advertising and Marketing Legal Risks, Obligations and Liabilities

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Single Session
Tuesday, 24 March 2026
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
USE EB26230 Promotional Code at the Checkout | $294.00
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