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 […]
ReadmoreOn 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 […]
ReadmoreFor better or worse, the Buy Now Pay Later (BNPL) industry has continued to make headlines since our last report. The sector’s meteoric rise has been tempered in recent months by a combination of market saturation, broader macroeconomic factors, and, most recently, a new political climate. The new Labor Government has made clear its intentions […]
ReadmoreIn the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]
ReadmoreLast Friday afternoon, Treasury released exposure draft legislation proposing significant increases to the maximum penalties that apply to various contraventions of the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) by companies and individuals. Interested parties will have to be quick with any comments on the proposed changes, because public consultation […]
ReadmoreThe Federal Court has handed down its penalty decision in Australian Competition and Consumer Commission v Google LLC (No 4) [2022] FCA 942 (ACCC v Google)[1], confirming its landmark findings against the tech giant from late last year[2]. Google LLC (Google US), the parent company of Google Australia Pty Ltd (Google Australia), was ordered to […]
ReadmoreNew embedded networks in residential apartment buildings will be banned from January 2023 unless 100% of electricity is sourced from renewable energy, with at least 5% being sourced from on-site generation. Existing embedded networks in residential sites, including apartment buildings, retirement villages, social housing and residential/caravan parks, will transition to a new regulatory regime, moving through […]
ReadmoreThe regulators have increased their Trade Promotion permit application fees, effective 1 July. Click below to read the full update. If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Sonja Muzoska, Paralegal Jade Lamb, Paralegal Dani Fletcher, Paralegal
ReadmoreConsumer Data Right presents new legal risks and challenges for insurers. Consumer Data Right (CDR) gives a consumer more control over their information, enabling them to access and share their data with accredited third parties to obtain better deals on everyday products and services. The Australian Government sees the CDR as central to driving competition […]
ReadmoreThe new button/coin battery safety standards become mandatory on 22 June 2022. So as a manufacturer, importer, wholesaler or retailer of products that contain button batteries, what do you need to know? Purpose Button batteries are used in a broad range of products around our homes. These include watches, handheld computers and remote controls, key […]
ReadmoreIt has been over a year since reforms were introduced under the Fair Trading Act 1987 (NSW) (the Act) requiring suppliers (including of financial services) to take reasonable steps to disclose to their customers prejudicial contract terms and for intermediaries to disclose the arrangement under which they are acting, including referral commissions. The disclosure requirements […]
ReadmoreRecently, the High Court of Australia found unconscionable conduct on the part of a lender on an asset based loan and held that the lender could not rely on the certificates of independent legal and financial advice procured from the borrower to immunise the transaction against unconscionable conduct laws. The loan was made to a […]
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