Queensland Corruption and Integrity Update – June 2023
This month’s edition of the Queensland Corruption and Integrity Update considers the Integrity and Other Legislation Amendment Bill, the latest update from the Crime and Corruption Commission (CCC) regarding the progress towards the Coaldrake recommendations, recent CCT outcomes, an update on the PID Act review, and updates arising from the Office of the Independent Assessor […]
ReadmorePay secrecy laws prevent employer from protecting ‘commercially sensitive’ client list
This article is a follow up to the article that Gadens’ Workplace Advisory and Disputes team published in relation to changes to the Fair Work Act 2009 (Cth) (Fair Work Act) as part of the Federal Government’s Secure Jobs, Better Pay reforms. The previous article can be found here. The Fair Work Commission has now handed down […]
ReadmoreGames of chance: When and where is a permit needed?
The Trade Promotions regulators increased their fees on 1 July – we’ve prepared a handy one pager outlining the new fees, as well as a quick refresher on when permits are needed across Australia. Click the image below to read the full update. If you found this insight article useful and you would like […]
ReadmoreFake news? – ACMA to receive new powers to hold digital platforms to account
The Australian Government has set its sights on combatting the growing trend of misinformation and disinformation on digital platforms, including social media channels, with the release of the draft Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Draft Bill) last Sunday. If implemented as proposed, the Australian Communications and Media Authority (ACMA) would be […]
ReadmoreGadens Regulatory Recap – 27 June 2023
This edition of the Gadens’ Regulatory Recap considers a series of updates from ASIC, APRA, AUSTRAC, ACMA and Treasury exploring a number of significant policy and legislative updates, as well as details on the latest enforcement actions being taken by the regulators. ASIC ASIC invites entities to assess their cyber resilience: ASIC has invited ASIC-regulated […]
ReadmoreThe decision is clear – the AAT confirms that the Privacy Act applies to Clearview AI’s conduct
As briefly noted in our Gadens Regulatory Recap on 30 May 2023, the Administrative Appeals Tribunal (AAT) has recently handed down its decision regarding the conduct of Clearview AI Inc (Clearview AI), confirming the applicability of the Privacy Act 1988 (Cth) (Privacy Act) to the conduct of entities overseas, and recent amendments to the Privacy […]
ReadmoreNational Integrity Spotlight – May 2023
This edition of the National Integrity Spotlight considers an investigation into foreign bribery conducted by the AFP, developments in the AAT, recently released statistics relating to fraud against the Commonwealth, guidance from the Australian Government on ‘insider threats’, Commonwealth PID reform, the introduction of the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 and potential referrals […]
ReadmoreMislead or misread? How a simple miscalculation resulted in the setting aside of an otherwise valid Bankruptcy Notice
The Federal Court of Australia recently considered whether a Bankruptcy Notice with an arithmetical error in relation to the exchange rate and currency conversion contained a formal defect or irregularity that could be cured by section 306 of the Bankruptcy Act 1966 (Cth) (Act). Background This case concerns a judgment awarded by the High Court […]
ReadmoreASX Wolf in sheep’s clothing: Federal Court grants injunctive relief for ASIC over unlicensed financial advice
In late 2022, ASIC filed an application with the Federal Court, claiming that the Defendant, Mr Scholz, was conducting a financial services business by offering direct and indirect tips regarding the purchasing of shares in particular companies through Instagram stories, online seminars and Discord channels. The court decided that this activity constituted financial product advice, […]
ReadmoreSet off vs unfair preference claims – uncertainty resolved
By an Amended Special Case, Derrington J reserved for consideration by the Full Court of the Federal Court the following question: “Is statutory set-off, under s 553C(1) of the Act, available to the [appellant] in this proceeding against the [first respondent’s] claim as liquidator for the recovery of an unfair preference under s 588FA of […]
ReadmoreGadens assists ASIC to secure findings of contravention in failed managed investment scheme
Introduction In ASIC v Daly (Liability Hearing),[1] the fallout from the failure of Linchpin Capital Group Ltd (Linchpin) continued on 3 April 2023, when Justice Cheeseman in the Federal Court made findings of contravention of section 601FD of the Corporations Act 2001 (Cth) (the Act) sought by ASIC against four officers of Endeavour Securities (Australia) […]
ReadmoreAustralian Payments Systems reform – Seven proposed Payment Functions to replace non-cash licensing regime
As part of the Government’s ambitious Strategic Plan for Australia’s Payments System unveiled this month, Treasury also published the Payment System Modernisation (Licensing: Defining Payment Functions) Consultation paper (Consultation Paper). The Consultation Paper invites feedback on the proposed list of defined Payment Functions that would be regulated under the new licensing framework proposed under the […]
Readmore
