ASIC succeeds in its third civil penalty prosecution for greenwashing, with the Federal Court imposing a $10.5 million penalty
Court findings On 18 March 2025, his Honour Justice O’Callaghan imposed a civil penalty of $10.5 million on the trustee of a superannuation fund, after finding that the fund had made false or misleading statements to current or potential members of the fund to the effect that: it eliminated from the fund, investments that posed […]
ReadmoreWhyalla wipeout: State-sponsored upending of creditor waterfall?
Background On 19 February 2025, the South Australian government forced OneSteel Manufacturing Pty Ltd (the Company), the operator of the Whyalla steelworks, into external administration in response to protracted failures to pay outstanding royalties owed to the State and trade debts of at least $300 million. The administrators’ appointment was procured by urgent amendments to […]
ReadmorePost-CB Cold Storage: Navigating the evolving landscape of ‘Retail Premises’ in Victoria
In recent years, there has been a notable trend in Victoria towards a broader interpretation of what constitutes ‘retail premises’ under section 4 of the Retail Leases Act 2003 (Vic) (Act). This shift has significant implications for both landlords and tenants, as it affects the applicability of the Act’s protections such as: prohibition on the […]
ReadmoreNew changes to Queensland Work Health and Safety Regulations to prevent sexual harassment
Effective from 1 March 2025, businesses that operate in Queensland have a new duty under the Work Health and Safety Regulation 2011 (Qld) (Regulation) with regard to sexual harassment, or sex or gender-based harassment. This duty requires the development and implementation of a prevention plan to address identified risks associated with sexual harassment. Queensland businesses […]
ReadmoreAustralian Banking Association (ABA) launches new banking Code: a big step forward for banking staff and customer protection
Introduction to the new Code The Australian Banking Association’s (‘ABA’) new Banking Code of Practice (‘the Code’) came into effect on 28 February 2025. This latest iteration of the Code introduces enhanced customer protection and accessibility and sets higher standards for banks and their staff. The new Code sees significant structural and semantic changes from […]
ReadmoreFederal Court declines to stay restraint challenge despite foreign jurisdiction clause
In the decision of Harman v Opus Recruitment Solutions – Australia Pty Ltd (Stay Application) [2024] FCA 1356, the Federal Court of Australia declined to stay proceedings brought by a former employee who sought to challenge the validity of his post-employment restraints in his employment agreement and shareholders’ agreement despite the fact that the shareholders’ […]
ReadmoreAustralian mid-market M&A: A review of 2024 and outlook for 2025
In 2024, Gadens’ Corporate team achieved remarkable growth, advising on over 50 M&A transactions with a total value more than double that of 2023. This expansion reflects both our growing market presence and the trust our clients place in us to deliver high-value, strategic deals. In our inaugural edition of our M&A review, we reflect […]
ReadmoreCorruption and Integrity Update – February 2025
In this edition of the Queensland Corruption and Integrity Update we consider the highly publicised release of the CCC reports into Mr Peter Carne and Ms Jackie Trad, as well as the tabling of the related Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025. We also consider the most recent updates from the CCC, […]
ReadmoreAANA upping the ante in fight against advertiser greenwashing – new Environmental Claims Code in force from 1 March 2025
Starting from 1 March 2025, Australia’s leading marketing industry body, the Australian Association of National Advertisers (AANA), will be ramping up its efforts against greenwashing in ads and marketing through a new and more extensive Environmental Claims Code (Code), replacing the current version that has been in effect since 1 May 2018. The Code will […]
ReadmoreAustralian government bans DeepSeek: National security déjà vu
After the explosive debut of Generative AI models, particularly in the United States of America, a new contender has recently entered the AI landscape. Despite only being founded in 2023, DeepSeek, a Chinese tech company, has developed an artificial intelligence (AI) model which has drawn significant attention, both from users, governments and various financial markets. […]
ReadmoreLegal Professional Privilege and Voluntary Disclosure to ASIC
The Full Court of the Federal Court of Australia has upheld an appeal by ASIC, finding that providing documents to ASIC pursuant to a Voluntary Disclosure Agreement does not necessarily constitute a waiver of legal professional privilege. Australian Securities and Investments Commission v Noumi Ltd [2024] FCA 349 is an important decision for the regulated […]
ReadmoreTrade Mark Trickery: Fraudulent demands from fake IP firms
Our intellectual property (IP) team has been noticing a recent surge in sophisticated scams within the IP space using fraudulent emails purporting to be from legitimate IP firms – even using names of real Australian IP practitioners. This alert highlights key warning signs and suggests some protective measures to help businesses avoid falling victim to […]
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