How can insurance providers stay ahead of the implementation of CDR in 2022?
Consumer 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 […]
ReadmorePushing ‘START’ on button battery safety standards – Combating a danger lurking in the household
The 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 […]
ReadmoreDisclosure obligations for financial service providers in NSW: One-year on from reforms to the Fair Trading Act 1987 (NSW)
It 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 […]
ReadmoreUnconscionable conduct in asset based lending: Stubbings v Jams 2 Pty Ltd [2022] HCA 6
Recently, 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 […]
ReadmoreFMCG Express | March 2022 Edition
Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]
ReadmoreNew trade promotions regulation in South Australia
South Australia is introducing a new regulation governing trade promotions. Here’s how it will affect you. The new Regulation The Lotteries Regulation 2021 (SA) (Regulation) will take effect on 10 December 2021. The South Australian government consulted with stakeholders on a draft of the Regulation (see our recent update) but minimal changes have been made in […]
ReadmoreFMCG Express | September 2021 Edition
The first half of the year brought signs that the business malaise post-COVID-19 was beginning to lift, however, we are seeing ongoing disruption facing the FMCG sector. We are finally seeing some green shoots with the end of lockdown on the horizon. In this edition, the team explores the evolution of the digital consumer experience; […]
ReadmoreUnfair contract terms – big changes mean big risk for businesses
Many businesses will be familiar with the existing ‘unfair contract terms’ regime in the Australian Consumer Law (the ACL). Draft legislation has been circulated which will implement big changes, including potential penalties of $10 million or more. Businesses will likely need to review many of their contract terms, as the new regime will be much […]
ReadmoreSouth Australia shakes up ‘game of chance’ trade promotion regulations
The South Australian Government has now completed an extensive review of its Lottery and Gaming Regulations 2008 (SA). It has issued a draft of the proposed Lotteries Regulations 2021 (SA) for comment. These would replace the existing regulations in December this year. The upshot: incremental improvements While the Lotteries Regulations would introduce some small improvements, […]
ReadmoreCOVID-19 | TGA updates guidance for advertising of COVID-19 vaccines to Australian public
In February 2021, we provided an update on the guidance issued by the Therapeutic Goods Administration (TGA) regarding the advertising of COVID-19 vaccines to the Australian public. That update is available here: COVID-19 | TGA issues guidance for advertising of COVID-19 vaccines to Australian public. Under the previous guidance, advertisers were restricted to republishing materials […]
ReadmoreFMCG Express | May 2021 Edition
2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]
ReadmoreTrade Promotions update | ‘Gift with Purchase’ offers in South Australia
We have some exciting news about changes to ‘Gift with Purchase’ trade promotions in South Australia. Read our full update below: If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Jessica Bell, Paralegal +61 3 9252 7701 | jessica.bell@gadens.com Sonja Muzoska, […]
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