Gadens Regulatory Recap – 12 December 2023
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, the OAIC, and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC releases guidance on the registration of financial advisers: On 28 November 2023, the Australian Securities Investments Commission (ASIC) released guidance through Information Sheets 276 and 277 […]
ReadmoreMyth or reality – Our top 10 workplace myths – part two
The award doesn’t apply because we pay above the award and restraints are never enforceable. Have you heard this before? In this article, we discuss another 5 workplace myths and provide further clarity on the rights and obligations of employers and employees. You can read the first article of this two-part series here. 6. ‘I […]
ReadmoreThe Federal Court makes its order – Hungry Jack’s ‘Big Jack’ trade mark not deceptively similar to McDonald’s ‘Big Mac’
In a Federal Court judgment handed down in November, Justice Stephen Burley found that fast-food giants McDonald’s and Hungry Jack’s each had a measure of success in their dispute. The case relates to Hungry Jack’s BIG JACK and MEGA JACK burgers that Hungry Jacks began selling in early 2020, which McDonald’s alleged infringed its BIG […]
ReadmoreSpotlight on modern slavery: Federal Government introduces legislation to establish Anti-Slavery Commissioner
As foreshadowed in our previous article on modern slavery reporting, available here, the Federal Government has introduced the Modern Slavery Amendment (Australian Anti-Slavery Commissioner) Bill 2023 (Bill) (which amends the Modern Slavery Act 2018 (Cth) (Act)) to establish a new Anti-Slavery Commissioner. The Commissioner will have a range of functions including: promoting compliance with the […]
ReadmoreCorruption and Integrity Update – November 2023
In this edition of the Corruption and Integrity Update, we cover the appointment of a former judge as Chair of the new Complaints Oversight Board, analyse the various annual reports published by the Queensland Integrity Commissioner and the Parliamentary Crime and Corruption Committee, and consider the Crime and Corruption Commission’s review into the proceeds of […]
ReadmoreGadens Regulatory Recap – 30 November 2023
This edition of the Gadens’ Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, AUSTRAC, the OAIC, and Treasury, including various enforcement actions taken by the regulators and updates from the 2023 ASIC Annual Forum. ASIC ASIC and AFSA sign refreshed MoU: On 16 November 2023, the Australian Securities Investment Commission (ASIC) and Australian […]
ReadmoreA new Banking Code of Practice is on the horizon
Background The Australian Banking Association’s (ABA) Banking Code of Practice (the Code) contains a set of contractually enforceable industry standards that customers and small businesses can expect subscribing banks to uphold. The Code has been in place in various forms since 1993, including a range of protections that are intended to complement and set higher […]
ReadmoreDelaying the inevitable? Some sectors get a short reprieve from fixed term employment contract restrictions
Following the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) in December 2022, new restrictions on the use of ‘fixed term’ employment contracts will start from 6 December 2023. You can read more about those changes in our recent article. Significant changes will impact many employers in the way […]
ReadmoreUnpacking the possible engineered stone ban and its shake-up on construction contracts
Most of the Australian standard form construction contracts make provision for contractors to comply with ‘legislative requirements’ which are typically broadly defined to include, for example: acts, Ordinances, regulations, by-laws, orders, awards and proclamations of the jurisdiction where WUC or the particular part thereof is being carried out; certificates, licences, consents, permits, approvals and requirements […]
ReadmoreMyth or reality – Our top 10 workplace myths – part one
How many times have you heard that you must give an employee three warnings before terminating their employment? Or that you have an obligation to offer an employee a support person in every meeting? In this article, the first of a two-part series, we will discuss the most common workplace myths and provide clarity on […]
ReadmoreFWC proposes a new “Arts and Culture Sector” modern award
The Fair Work Commission (Commission) is seeking the views of interested parties in relation to the proposed creation of a new modern award for the arts and culture sector. The purpose of the proposed award is to address potential overlapping award coverage and coverage gaps for employees working in the sector. The Commission has published […]
ReadmoreNational Integrity Spotlight – October 2023
In this month’s edition of the National Integrity Spotlight, we consider the annual reports issued by the Australian integrity bodies, and updates from the National Anti-Corruption Commission. We also consider recent activities of the Western Australia Crime and Corruption Commission, and the Australian Federal Police’s Operation Avarus-Nightwolf. Integrity Body Annual Reports Over the past month, […]
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