False and Misleading Statements – Potential to attract criminal and civil penalties
On 19 January 2024, in Walker v Members Equity Pty Ltd (formerly Members Equity Bank Ltd) (ME) [2024] FCA 15, the Court imposed sentences against ME for false and misleading representations and failing to provide written notices. In the first criminal prosecution of its kind, ME was fined $820,000. The Court recognised a requirement to […]
ReadmoreGadens Regulatory Recap – 5 March 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, and the ATO including various enforcement actions taken by the regulators. ASIC ASIC calls on industry to better respond to underperformance in choice superannuation investment portfolios: On 21 February 2024, ASIC released a report investigating how financial advisers, superannuation […]
ReadmoreIs the presence of a renter a barrier to execution of a court warrant?
Since around April 2011, the Sheriff’s Office of Victoria has taken the view that they would not execute a court warrant of possession against a person in occupation of land if they were under a residential rental agreement within the meaning of the Residential Tenancies Act 1997 (Vic) (RTA) and the mortgagee must instead comply […]
ReadmoreIP Australia to adopt Madrid Goods and Services List
In January of this year IP Australia announced that it will adopt the internationally recognised Madrid Goods and Services list (Madrid List). The Madrid List is expected to take over the existing Trade Mark Goods and Services list in March 2024. The change will bring IP Australia’s classification of goods and services for the purposes […]
Readmore1, 2, 3, 4 – Guiding you through the new Code for addressing sexual and gender-based harassment at work
Whether it’s your work, health and safety obligations or the positive duty in the Sex Discrimination Act 1984 (Cth) (SD Act) (see our related article here), close enough is no longer good enough. Proactive compliance is key. Safe Work Australia has recently released the ‘Sexual and gender-based harassment – Code of Practice’ (Code) to provide […]
ReadmoreGadens Regulatory Recap – 21 February 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, Treasury and ALRC, including various enforcement actions taken by the regulators. ASIC ASIC to crack down on predatory lending: ASIC has promised it will turn its attention to high-cost credit and predatory lending to consumers and small businesses, noting […]
ReadmoreCorruption and Integrity Update – January 2024
In this edition of the Corruption and Integrity Update we consider the fifth Quarterly Report released by the CCC regarding the implementation of the Commission of Inquiry recommendations, updates from the Queensland Integrity Commission, and recent decisions on regulators costs arising from the Court of Appeal and QCAT stemming from integrity related proceedings. Quarterly Report […]
ReadmoreGadens Regulatory Recap – 6 February 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, Treasury and ALRC, including various enforcement actions taken by the regulators. ASIC ASIC and APRA issue joint letter on delay of Financial Accountability Regime (FAR) commencement and implementation: ASIC and APRA have published a joint letter to all authorised […]
ReadmoreThe Montague Precinct and Fishermans Bend – Have your say on Victoria’s largest urban renewal project
The Department of Transport and Planning (DTP) has released the draft Montague Precinct Infrastructure Plan (PIP) and draft Development Contributions Plan (DCP) for Fishermans Bend. These documents are on public exhibition until 23 February 2024 and will have a substantial impact on landholdings across the Fishermans Bend urban renewal area. The Fishermans Bend urban renewal […]
ReadmoreNational Integrity Spotlight – January 2024
In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, developments from various state corruption and integrity bodies, and how Australia scored on the 2023 Corruption Perceptions Index. NACC Update Referral and Assessment Update The National Anti-Corruption Commission (NACC) continues to provide regular updates on the number […]
ReadmoreGadens Regulatory Recap – 23 January 2024
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 extends product intervention orders for short term credit and continuing credit contracts: On 5 January 2024, the Australian Securities Investments Commission (ASIC) extended its product intervention […]
ReadmoreLast-minute closure of some of the ‘loopholes’
More changes to employment and safety laws are on their way. While many employers, advisors, lawyers and business operators are still getting across the raft of legislative changes since December 2022, the final parliamentary sitting week of 2023 saw yet another tranche of changes passed and those changes became law on 15 December 2023. What’s […]
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