Senate to shine spotlight on concerning greenwashing behaviour
On 29 March 2023, the Senate announced a landmark inquiry into the practice of greenwashing in Australia, with its final report due for publication by 5 December 2023. This development echoes growing concerns both in Australia and globally regarding greenwashing by businesses across a range of sectors, including the making of vague, false or misleading […]
ReadmoreGadens Regulatory Recap
This edition of the Gadens Regulatory Recap considers updates from ASIC, APRA, OAIC, ABA and legislative updates, with a focus on key outcomes arising from the Federal Budget. ASIC Design and Distribution Obligations: ASIC released Report 762 Design and distribution obligations: Investment products which found a significant number of product issuers had produced deficient target […]
ReadmoreAre you meeting your psychosocial obligations?
On 1 April 2023, the Managing the risk of psychosocial hazards at work Code of Practice 2022 (Code), published by Safe Work Australia, was approved under the Work Health and Safety Act 2011 (Qld) (WHS Act) and became legally enforceable in all Queensland workplaces covered by the WHS Act. The Code comprehensively addresses the process […]
ReadmoreExperts share worrying cybercrime figures and give practical advice on safer digital practices
Gadens recently hosted an informative cyber themed panel event, hearing from Robert Feldman (Gadens), Mike Andrea (Oper8 Global), Darren Hopkins (McGrath Nicol) and Trent Nihill (Emergence) where the panel drew on their extensive experience from different industries to reflect on the high profile data breaches from 2022 and the implications for business in 2023 and […]
ReadmoreMcEwan v Merrin (Magistrate) and Ors [2023] QSC 6 – Be careful how you draft!
McEwan v Merrin (Magistrate) & Ors [2023] QSC 6 is a judgment by Brown J in the Supreme Court of Queensland where the matter for decision was whether leave should be given to issue a claim and statement of claim (together, the claim) under rule 15 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). […]
ReadmoreMajority shareholder in the Savannah: The Federal Court of Australia decision in VRM Global Holdings Pty Ltd v Savannah AG Research Pty Ltd (Admin Apptd) [2023] FCA 131
In a recent case involving Savannah AG Research Pty Ltd (Savannah), the Federal Court of Australia considered an application for relief by Savannah’s majority shareholder under section 447A(1) or section 447C(2) Corporations Act 2001 (Cth) which alleged that the directors did not hold a genuine opinion Savannah was insolvent or likely to become insolvent and […]
ReadmoreLiquidator exposed to personal liability after half-built boat left exposed to the elements
In Reel Action Sports Fishing Pty Ltd v Marine Engineering Consultants Pty Ltd, [1] the Court offered a timely warning to liquidators of the dangers of adopting and acting on an incorrect understanding of the ownership of contested property. The Court ordered damages against the liquidator personally, despite his position as agent for the company […]
ReadmoreSecure Jobs, Better Pay: Key Dates and Actions for Employers
Since the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 was passed by Parliament on 2 December 2022, several key aspects of the Federal Government’s reforms to the Fair Work Act 2009 (Cth) (FW Act) have already commenced. They include provisions providing for the sunsetting of pre-Fair Work Act ‘zombie agreements’ at the […]
ReadmorePretending that the Surplus is Real – Gadens’ take on the Federal Budget
Buttressed by the record tax windfall from commodity exports, the second Chalmers Budget shirks the responsibility to pursue substantive tax reform and defaults to a series of measures which, whilst preserving a sense of political “Chalm”, appear lacking in coherent policy direction or strategy. On a night when a tax avoidance scandal cost the Government […]
ReadmoreQueensland Corruption and Integrity Update – April 2023
This month’s edition of the Corruption and Integrity Update considers updates from the Councillor Conduct Tribunal, summarises a number of Legal Services Commissioner judgments, outlines the latest feedback from the Queensland Ombudsman, and provides an update on some of the recommendations flowing from the Coaldrake Report. Councillor Conduct Tribunal On 11 April 2023, the Councillor […]
ReadmoreThe High Court considers implied terms in informal contracts
The High Court of Australia recently handed down its judgment in the matter of Realestate.com.au Pty Ltd v Hardingham, RP Data Pty Limited v Hardingham [2022] HCA 39, which revisited the law around implied terms in informal contracts. Background Mr Hardingham is a professional photographer and sole director of Real Estate Marketing Australia Pty Ltd (REMA) (together, […]
ReadmoreOur Top 10 Unfair Contract Terms (infographic)
From 9 November 2023 the Unfair Contract Terms regime will have real teeth and apply to more contracts. From then, large penalties can apply for use of unfair contract terms. The regime applies to consumer contracts and small business contracts. Standard form business contracts will generally be covered if one party has fewer than 100 […]
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