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Design, distribution and cryptocurrency investment – a sharp position taken by ASIC

Introduction ASIC’s Product Intervention Power (PIP) under its Design & Distribution (DDO) regime is still a relatively new tool in their regulatory tool kit. It allows ASIC to stop, or impose conditions on, the issue and distribution of financial products. We have previously considered how ASIC may use the power in connection with overseas financial […]

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Queensland Occupational and Professional Disciplinary Update

The end of September saw the tabling of a series of Annual Reports to the Queensland Parliament. Within these reports were details from the various regulators operating in the occupational and professional disciplinary space that plays out across the Queensland Civil and Administrative Tribunal (QCAT), the Magistrates Court of Queensland and related jurisdictions. We have […]

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Dismissing a local government employee? Don’t breach section 283

Local governments may consider that they have a robust disciplinary process that delivers procedural fairness through show-cause processes and investigations. While such actions may be sufficient under other employment law frameworks, local governments have unique additional obligations under the Local Government Regulation 2012 (Qld) (Regulation) when determining if disciplinary action is reasonable under the Local […]

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‘Greenwashing erodes consumer trust’ – the ACCC tells business to clean up its act on misleading environmental claims

The ACCC has delivered a clear and strong message to businesses in a speech by its Deputy Clair, Delia Rickard, to The Sydney Morning Herald Sustainability Summit on 20 September 2022 – “Environmental claims and sustainability are a current priority for the ACCC”. The ACCC “won’t hesitate to take enforcement action where we see that […]

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What goes up, must come down – Declining property values, rising interest rates, mortgage distress and assisting through financial difficulty

Partner Sonia Apikian and Senior Associate Susan Verginis discuss trends on Australian housing values, interest rates and their impact upon mortgage distress, with a focus on how lenders can assist their customers through financial difficulty. Click below to read the full article. If you found this insight article useful and you would like to subscribe […]

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COVID-19 | Changes to COVID-19 isolation rules – impacts for businesses

More than two years on from the start of the COVID-19 pandemic, National Cabinet announced on 30 September 2022 an end to mandatory COVID-19 isolation commencing 14 October 2022. From this date, individuals who test positive for COVID-19 will no longer be required to isolate for any mandatory isolation period (which was reduced from seven […]

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Blimey! Brits leading the charge again on crypto developers’ duty of care

It is no secret that the world’s regulators continue to develop laws and regulations relating to cryptocurrency. A recent decision of the English Court of Appeal (Court of Appeal) considered the duty of care of developers of an open-source bitcoin software system. The outcome has the potential to help integrate crypto into our society or […]

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Unfair contract terms – Commonwealth government driving major reforms

On 28 September 2022 the Commonwealth government introduced to Parliament a bill that will, if passed, make major changes to the unfair contract terms regime in Australia.  The bill is called the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022. The unfair contract terms provisions in the Bill are virtually identical to the provisions […]

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Corruption & Integrity Update – September 2022

This month’s Corruption & Integrity Update contains a summary of the keenly-awaited National Anti-Corruption Commission Bill, details on the proposed Federal Judicial Commission, highlights from the various annual reports recently published by a number of Queensland’s integrity agencies and provides a recap on the latest information coming out of the Commission of Inquiry into Forensic […]

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New Respect@Work legislation introduced

On 27 September 2022, the Albanese Government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Cth) (the Bill) into Parliament. If passed, the Bill would implement further recommendations from Sex Discrimination Commissioner Kate Jenkins’ report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces (Respect@Work Report) namely: making it unlawful […]

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Update on Retail Leases Amendment Regulations 2022 – Important reminder of a Landlord’s disclosure obligations

On 27 September 2022 the Retail Leases Amendment Regulations 2022 (Vic) (Amendment) was passed by the Victorian Parliament and comes into effect on 1 December 2022. The Amendment makes changes to the Retail Leases Regulations 2013 (Vic) (Regulations), which brings the prescribed form Landlord disclosure statements contained within the Regulations into line with the 2020 […]

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To post, or not to post? Out-of-hours social media activity for public service employees and employers

Introduction Social media is a fundamental tool used in individuals’ personal and professional lives. Considering the level of social interaction on online platforms, it is unsurprising that there has been an increase in employee disciplinary action, including dismissals, as a result of conduct on social media. What is surprising is that many employers still do […]

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