;Product Liability 2010
Level 15, 1 Bligh StreetSydney NSW 2000Australia
Tel: (61) 2 9353 4397
Fax: (61) 2 8220 6700
Madeleine regularly publishes articles in the Australian Product Liability Reporter and is an emerging commentator on Australia's Consumer Law Reforms.
Madeleine Kearney is a product regulatory lawyer and commercial litigator, with a particular interest in food, pharmaceutical and general consumer products regulation.
Madeleine's areas of practice include:
Madeleine's experience includes defending proceedings against a medical device manufacturer alleging misleading conduct in the advertising of its products, defending claims brought by injured consumers, as well as acting for suppliers of goods in regulatory investigations.
Madeleine's regulatory experience includes advertising/labelling review, claims substantiation, product classification issues, product composition issues, compliance with mandatory product safety standards, and clinical trials. She has also assisted suppliers of products in relation to Australia's Consumer Law Reforms – including drafting of submissions and advice on the new laws.
She has extensive experience in relation to food law and regularly advises in relation to all aspects of food law, including compliance with the Food Standards Code, State and Territory Food Acts. Madeleine acts for both national brand manufacturers and one of Australia's largest retailers (in relation to their private label food products).
She regularly advises in relation to all aspects of product advertising and labelling issues, including: misleading conduct under sections 52 and 53 of the Trade Practices Act; Industry Codes impacting upon advertising including the Commercial Television Industry Code of Practice; labelling requirements of mandatory product information and safety standards; trade measurement legislation; and product specific regulation including the Food Standards Code, the Therapeutic Goods Advertising Code and State and Territory electrical safety legislation.
Madeleine also has extensive experience acting for manufacturers and retailers in relation to product recalls including regulator liaison. She frequently advises manufacturers on the need to recall in borderline cases, and has assisted in the development of a decision making protocol to assist businesses in their decision making process.
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