Competition Lawyers & Consumer Lawyers

“We are lawyers with a passion

for Competition Law & Consumer Law”

Experience that counts

Established in 2000, Nicholls Legal is a law firm located in South Melbourne, Australia.  Our general areas of practice include Technology, Communications, Intellectual Property, Defamation, Commercial Law and Disputes – and we have specific expertise as Competition Lawyers & Consumer Lawyers.

Typical Competition Law & Consumer Law matters that we have worked on include:

Commercial

  • Advising on misleading or deceptive conduct, advertising, consumer protection, anti-competitive conduct and compliance programmes.
  • Acting for the Australian Competition & Consumer Commission in preparing model non-price terms and conditions for access to core telecommunications services.

Disputes

  • Acting for four defendants in Telstra’s High Court challenge to the constitutional validity of telecommunications-specific provisions of the Trade Practices Act 1974 (Cth).
  • Representing multiple defendants in the Federal Court of Australia in relation to two administrative law challenges brought by Telstra.
  • Acting for numerous parties in the Australian Competition Tribunal (Federal Court jurisdiction) review of ACCC access decisions relating to PSTN, Unconditioned Local Loop Services, Line Sharing Services and Mobile Terminating Access Services.
  • Acting for numerous parties in various ACCC access arbitrations, including in relation to PSTN, PSTN termination, GSM, LCS, LSS, ULLS and MTAS.
  • Advising and obtaining advice from senior counsel in relation to claims of anti-competitive conduct pursuant to Part XIB of the Trade Practices Act 1974 (Cth).

Regulatory

  • Preparing a substantive submission on behalf of TransACT in relation to the ACCC’s merger enquiry into Telstra’s proposed acquisition of Austar.
  • Providing the lead legal and regulatory advice to TransACT in relation to its submission to the Government in relation to regulatory issues regarding the NBN.
  • Preparing the regulatory submissions in relation to the NBN on behalf of Acacia Australia and TransACT (two of the tenderers for the Government’s NBN tender).
  • Incorporating and providing Competition Law advice to the Competitive Carriers’ Coalition, Inc.
  • Assisting in the preparation of a submission to the ACCC in relation to Telstra’s pay TV third line forcing notifications.
  • Assisting in the preparation of a submission to the ACCC in relation the ACCC’s Dispute Resolution Guidelines.

We have successfully represented parties in litigation at all Australian Superior Court levels, including the Victorian Supreme Court, the Victorian Court of Appeal, the Federal Court of Australia and the High Court of Australia.

In addition to our expertise as Competition Lawyers & Consumer Lawyers, we also specialize in Cloud Law, Commercial & Business LawCommunications Law, Defamation & Media Law, Information Security & Privacy Law, Intellectual Property Law, Internet Law and Technology & IT Law.

Competitive Fees

We offer very competitive fees including a free initial consultation.  Please contact Matthew Nicholls (ph: +61 3 8376 7131) to discuss your Competition Law & Consumer Law requirements.

Our latest Competition Law & Consumer Law eNews items are below:

  • Utel Networks pays infringement notices for misleading consumers- From the ACCC:  Utel Networks Pty Ltd has paid three infringement notices, totalling $19,800, and provided a court enforceable undertaking to the Australian Competition and Conmsumer Commission (ACCC) for misrepresentations made by them to customers through their telemarketing activities. Utel Networks provides a number of telecommunications services, and markets these services through a Phillipines-based subsidiary. […]
  • Vodafone warned by ACMA over advertising- From the ACMA:  The Australian Communications and Media Authority (ACMA) has issued a formal warning to Vodafone Pty Ltd for a breach of the Telecommunications Consumer Protections Code (TCP Code).  The warning relates to a failure by Vodafone to prominently display its standard charges for a mobile phone offer, as required by clause 4.2.6 of […]
  • Attorney General announces mandatory data breach notification laws- From the office of the Australian Attorney General:  The Commonwealth Attorney General has announced new laws to be introduced into Parliament requiring businesses and organisations to inform individuals when a data breach involving their personal information has occurred. Attorney General Mark Dreyfus QC made the following remarks: “With businesses and government agencies holding more information […]
  • ACMA warns AAPT about privacy- From the ACMA:  The Australian Communications and Media Authority (ACMA) has formally warned AAPT Limited (AAPT) regarding its to protect the privacy of its customers’ personal information as required by the Telecommunications Consumer Protections Code (TCP Code). The ACMA initiated an investigation into AAPT following media reports that some of AAPT’s customer data had been […]
  • OAIC investigating Telstra data breach- From the OAIC:  The Office of the Australian Information Commissioner (OAIC) has opened an investigation into a data breach that resulted in the publication of Telstra customer’s private information online. Australian Privacy Commissioner Timothy Pilgrim issued the following statement: “Telstra has briefed our office about this incident and advised that the documents are no longer […]
  • FOXTEL makes undertaking to ACCC over free TV offer- FOXTEL Management Pty Ltd has provided the Australian Competition and Consumer Commission (ACCC) with a court enforceable undertaking following allegations that FOXTEL breached the Australian Consumer Law with a free television offer. The undertaking stems from representations made by FOXTEL that customers who subscribed to a 12 month plan between 12 February 2012 and 5 […]
  • ACCC – Proceedings instituted against ByteCard Pty Limited for unfair contract terms- From the ACCC:  The Australian Competition and Consumer Commission (ACCC) has commenced proceedings in the Federal Court against Internet Service Provider ByteCard Pty Limited (ByteCard, better known as Netspeed Internet Communications) alleging that a number of clauses in the ByteCard standard form consumer contracts are unfair contract terms and should be declared void. The alleged […]
  • OAIC: Australian Privacy Principles guidance- From the Office of the Australian Information Commissioner:  The Office of the Australian Information Commissioner (OAIC) has released a pair of guidances comparing the proposed new Australian Privacy Principles (APPs) with Australia’s current National Privacy Principles (NPPs) and the Information Privacy Principles (IPPs). The APPs are found in the Privacy Amendment (Enhancing Privacy Protection) Act […]
  • ACCC Chairman Rod Sims: ACCC well placed to deal with communications revolution- From the ACCC:  Australian Competition and Consumer Commission (ACCC) Chairman Rod Sims, speaking at the Australia Israel Chamber of Commerce in Brisbane, has said that the ACCC is is well placed to deal with the many issues flowing from the continuing communications industry revolution. Mr Sims spoke of the benefits of a combined competition, consumer […]
  • ACMA Contemporary community safeguards inquiry- From the ACMA:  The Australian Communications and Media Authority (ACMA) has announced the commencement of the ‘Contemporary community safeguards inquiry’. The inquiry will focus on the need for broadcasting standards to remain in line with changing community expectations.  The ACMA is seeking to to explore and establish the core principles that should guide the content […]
  • ACMA Chairman Chris Chapman: Telco and media reforms continue- From the ACMA:  Australian Communications and Media Authority (ACMA) Chairman Chris Chapman has delivered a speech outlining the current work and priorities of the ACMA at the Communications Day Summit. Among the ACMA initiatives and priorities highlighted were the following: A spectrum plan which portended a $30 smart phone handset and potential economic benefits to […]
  • ACCC draft decision on NBN Co Special Access Undertaking- From the ACCC, the DBCDE and the Australian Financial Review:   The Australian Competition and Consumer Commission (ACCC) has issued its draft decision on the the revised Special Access Undertaking (SAU) lodged by NBN Co.  The SAU is to form a key part of the framework to determine the cost and other terms under which NBN […]
  • Key EU nations take legal action against Google- From TechNewsWorld:  6 key EU nations have joined forces to take legal action against Google over the privacy protections of its user data. France, Spain, Italy, the UK, the Netherlands and Germany have announced that they will take joint legal action against Google over its privacy policies.  The action will include investigations, and possible fines.  […]
  • Groupon warned by ACMA about its email unsubscribe process- The Australian Communications and Media Authority (ACMA) has  formally warned online retailer Groupon Australia Pty Ltd after determining that they had sent daily email newsletters to people without their consent. Consumers complained that the unsubcription service offered by Groupon only ubsubscribed them from one of several Groupon daily newsletters, and that they continued to receive […]
  • ACCC – Draft Report on Telstra FAD- From the ACCC:  The Australian Competition and Consumer Commission (ACCC) has released a draft report today on making a Final Access Determination (FAD) for the declared wholesale ADSL service.   This service is used to provide users with broadband internet and other services over Telstra’s copper network. The draft FAD sets out proposed price and non-price […]