ACCC v Hutchinson: understanding an “understanding”
Gadens acted for Hutchinson Builders (Hutchinson) in a recent High Court case,[1] in which the ACCC unsuccessfully sought to overturn a finding made by the Full Court[2] that an “understanding” for the purposes of s 45E(3) of the Competition and Consumer Act 2010 (Cth) (CCA) requires communication of assent that precedes and is distinct from […]
ReadmoreNational Integrity Spotlight – April 2025
In the first quarterly edition of the National Integrity Spotlight for 2025, we consider the latest update to the Corruptions Perception Index, legislative updates on whistleblowing and electoral reform,, and the findings of the Parliamentary Joint Committee on the NACC. We also consider updates from the NACC and state-based integrity organisations, as well as a […]
ReadmoreCorruption and Integrity Update March 2025
In this edition of the Queensland Corruption and Integrity Update we consider updates arising from the operations and oversight of the Office of the Information Commissioner and the Independent Assessor, as well as taking a deep dive into the proposed legislative amendments relating to the reporting of corruption by the Crime and Corruption Commission. Office […]
ReadmoreASIC succeeds in its third civil penalty prosecution for greenwashing, with the Federal Court imposing a $10.5 million penalty
Court findings On 18 March 2025, his Honour Justice O’Callaghan imposed a civil penalty of $10.5 million on the trustee of a superannuation fund, after finding that the fund had made false or misleading statements to current or potential members of the fund to the effect that: it eliminated from the fund, investments that posed […]
ReadmoreIntroduction of the Scams Prevention Framework
Scams represent a growing risk to Australians in an increasingly connected world, with losses from scams totalling approximately $2.7 billion to consumers in 2023. While various regulators, such as ASIC and the ACCC, both aided by the National Anti-Scam Centre, have made it clear that combatting scams is a priority in recent years, the passage […]
ReadmoreCorruption and Integrity Update – February 2025
In this edition of the Queensland Corruption and Integrity Update we consider the highly publicised release of the CCC reports into Mr Peter Carne and Ms Jackie Trad, as well as the tabling of the related Crime and Corruption (Restoring Reporting Powers) Amendment Bill 2025. We also consider the most recent updates from the CCC, […]
ReadmoreLegal Professional Privilege and Voluntary Disclosure to ASIC
The Full Court of the Federal Court of Australia has upheld an appeal by ASIC, finding that providing documents to ASIC pursuant to a Voluntary Disclosure Agreement does not necessarily constitute a waiver of legal professional privilege. Australian Securities and Investments Commission v Noumi Ltd [2024] FCA 349 is an important decision for the regulated […]
ReadmoreApplying the Rolls Royce treatment to limitation of liability clauses
The interplay between limitation of liability and set-off clauses When drafting limitation of liability clauses, it is important to consider what ‘liability’ is being limited and whether the limitation of liability (the ‘cap’) will apply to the total net liability after all set-offs are reconciled or whether the cap will apply separately to the liabilities […]
ReadmoreA tectonic shift – Australia’s first dedicated Cyber Security Act
Hot off the heels of its first tranche of reforms to the Privacy Act, the Federal Government has released a raft of cyber security legislation to ‘achieve Australia’s vision of being a world leader in cyber security by 2030’,[1] including Australia’s first dedicated ‘Cyber Security Act.’ Minister for Cyber Security Tony Burke introduced the: Cyber […]
ReadmoreFederal Court has bone to pick with Medtronic, awards largest ever penalty under Therapeutic Goods Act 1989 (Cth)
The Federal Court of Australia in New South Wales has hit medical devices giant Medtronic with a $22 million penalty and a $1 million costs order in its decision of Secretary, Department of Health v Medtronic Australasia Pty Ltd [2024] FCA 1096, which was handed down last week. Pursuant to its originating application dated 31 […]
ReadmoreFirst tranche of Privacy Act reforms enter parliament
The long-awaited Privacy Act 1988 (Cth) (Privacy Act) reforms are finally here, with the Privacy and Other Legislation Amendment Bill 2024 presented before parliament yesterday. After almost four years since the commencement of the Privacy Act Review, the government has introduced the first ‘tranche’ of these reforms. In tabling before parliament, the Attorney-General Mark Dreyfus […]
ReadmoreIs the finality of arbitrations now a myth for apportionable claims?
Proportionate liability now applies to the substantive law of arbitrations in Australia The finality of arbitrations is now a myth – at least in respect of disputes involving apportionable claims where parties have not contracted out of the proportionate liability regime. When parties to a commercial contract select arbitration as a forum for resolution of […]
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