Gadens Regulatory Recap – 16 May 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ATO, ACCC, Treasury and the RBA, including various enforcement actions taken by the regulators. ASIC Scam alert: Scammers are changing the way they impersonate financial services businesses in sophisticated bond and term deposit scams: ASIC has issued a warning to consumers about a […]
ReadmoreCourt orders are not needed to evict renters
In the recent Supreme Court decision of Justice Harris in Commonwealth Bank of Australia v Shrestha [2024] VSC 229 (Shrestha) the Court was asked to determine whether a court order showing a mortgagee’s entitlement to possession of a mortgaged property is required prior to making a possession order against a renter under s 325 of […]
ReadmoreBe GLAD it’s not you! ACCC launches Federal Court greenwashing proceedings against Clorox Australia Pty Ltd
The Australian Competition and Consumer Commission (ACCC) recently announced that it has commenced Federal Court proceedings against the manufacturer of GLAD-branded kitchen and garbage bag products, Clorox Australia Pty Ltd (GLAD), for alleged false or misleading representations displayed on their products and packaging. This comes after the ACCC released guidance on environmental claims in December […]
ReadmoreNational Integrity Spotlight – April 2024
In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, updates from various state-based integrity bodies, the OECD’s recent Outlook report, and recent activities of the Australian Federal Police. NACC Update Referral and Assessment Update The National Anti-Corruption Commission (NACC) continues to provide regular updates on the […]
ReadmoreAustralia’s strongest environmental laws have commenced in NSW with significant changes to EPA powers and penalties for environmental offences
The Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Act 2024 (the Amendment Act) has now commenced, which introduces into NSW the strongest environmental laws in Australia. The overhaul has occurred at the same time as the NSW Environment Protection Authority (EPA) has carried out criminal investigations into the asbestos-contaminated mulch, which emphasised the need […]
ReadmoreDraft legislation on Privacy Act Reforms brought forward to August as the Government respond to the ‘violence against women’ crisis
The Federal Government has announced a suite of preventative measures and legislative reforms following a national cabinet meeting yesterday addressing violence against women in Australia. Notably, the Government will bring forward legislation in August outlawing the release of private information online with an intent to cause harm, also known as ‘doxxing’. This is in addition […]
ReadmoreThe Legal 500 Life Sciences Comparative Guide 2024 – Australia
The inaugural edition of the Legal 500 Life Sciences Comparative Guide examines the current challenges facing organisations operating in the life sciences sector within specific countries. Gadens Life Sciences sector experts – Kelly Griffiths, Dudley Kneller, Raisa Blanco and Clare Smith – have co-authored the Australian chapter for this global guide, providing insight into the […]
ReadmoreGadens Regulatory Recap – 30 April 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, and the RBA, including various enforcement actions taken by the regulators. ASIC ASIC releases early guidance on mandatory climate disclosure regime: During a keynote speech at Deakin Law School, ASIC Chair Joe Longo urged entities to prepare for Australia’s imminent mandatory climate […]
ReadmoreNew Mandatory Merger Control Regime Promises Balanced Reform
The Federal Government’s eagerly anticipated position on reforming Australia’s merger laws was released on 10 April, which it will seek to legislate with effect from 1 January 2026. Should the reforms be implemented as envisaged, we expect it to result in: greater certainty as to when notification to the Australian Competition and Consumer Commission (ACCC) is necessary; […]
ReadmoreCorruption and Integrity Update – March 2024
In this edition of the Queensland Corruption and Integrity Update we consider recent developments from the Office of the Independent Assessor, reports from the parliamentary committees overseeing the CCC, the Integrity Commissioner, the Ombudsman and the Information Commissioner, as well as updates from recent reviews by the CCC. Finally, we consider the implications for integrity […]
ReadmoreASIC obtains Judgement against SunshineLoans for charging fees not permitted by the National Credit Code
The Australian Securities and Investments Commission (ASIC) brought proceedings against SunshineLoans Pty Ltd (SunshineLoans) alleging contraventions of the National Consumer Credit Protection Act 2009 (Cth) (NCCPA) in its lending business, which involved small amount credit contracts (SACCs). ASIC alleged that SunshineLoans charged customers certain fees which were prohibited. ASIC sought injunctions and declarations of contravention, […]
ReadmoreGadens Regulatory Recap – 16 April 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 consults on misconduct reporting guidance for external administrators and controllers: ASIC is consulting on proposed updates to Regulatory Guide 16 (RG 16), which deals with the […]
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