ACCC internet sweep uncovers concerning environmental and sustainability claims
The Australian Competition and Consumer Commission (ACCC) has completed its anticipated internet sweep following clear messaging last year that the regulator would crackdown on misleading environmental claims. More than half of the businesses that were subject to the ACCC’s internet sweep in October 2022 were considered to have made concerning misleading claims about their environmental […]
ReadmoreIs your rent review void? VCAT finds a cap on CPI review void under Section 35(2) of the RLA
A recent decision of the Victorian Civil and Administrative Tribunal (VCAT), has found that a cap on a CPI review falls foul of section 35(2) of the Retail Leases Act 2003 (Vic) (RLA) resulting in the rent being determined by market review in accordance with section 35(7) of the RLA. In this case, Q St […]
ReadmoreQuality of Advice Review – Final Report
On 8 February 2023, the Quality of Advice Review final report was published by the Assistant Treasurer and Minister for Financial Services, the Hon Stephen Jones MP, outlining Michelle Levy’s findings. The Quality of Advice Review was initiated due to the complexity of the regulatory framework of financial advice, making it difficult to understand and […]
ReadmoreASIC’s Enforcement Focus – Greenwashing, Predatory Lending & Misleading Insurance Pricing Promises
In a recent media release on 15 February 2023, the Australian Securities and Investment Commission (ASIC) has warned businesses that it will actively target greenwashing, predatory lending and misleading insurance pricing promises in the coming year. The warning follows ASIC’s release of its ‘Enforcement Priorities’ report.[1] ASIC intends to establish these yearly priorities as a […]
ReadmoreASIC commences its first greenwashing court proceeding
On 28 February 2023, the Australian Securities and Investment Commission (ASIC) released an announcement stating that it has launched its first proceeding in the Federal Court against Mercer Superannuation (Australia) Ltd (Mercer) for allegedly ‘making misleading statements regarding the sustainable nature of some of its superannuation investment options’. Greenwashing has become a growing concern, as […]
ReadmorePhased rollout of Queensland’s Project Trust Account regime delayed to 2025
Project Trust Accounts (PTAs) are required for eligible building contracts for: State Government and Hospital and Health Services valued at $1 million or more (ex.GST); and Since 1 January 2022, for contracts in the private sector and local government contracts valued at $10 million or more (ex. GST). On Sunday, 19 March 2023, the Queensland […]
ReadmoreNational Integrity Spotlight – February 2023
The February edition of the National Integrity Spotlight considers updates to the Corruption Perceptions Index, the Privacy Act Review Report prepared by the Attorney-General’s Department, the ACNC National Fundraising Principles, the recent Senate Estimates, reform of the Administrative Appeals Tribunal and the Perth Mint saga. Corruption Perceptions Index Transparency International Australia (TIA) recently released its […]
ReadmoreRegulatory action for greenwashing is upon us
Last week, the Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings for alleged greenwashing against Mercer Superannuation (Australia) Limited (Mercer). This is in addition to ASIC having issued penalty notices to at least four companies for alleged greenwashing, since October 2022. Last year, ASIC identified investigating greenwashing and taking enforcement action where greenwashing […]
ReadmoreQueensland Corruption and Integrity Update – February 2023
This month’s Queensland Corruption and Integrity Update provides an overview of the recent Parliamentary Crime and Corruption Committee meetings and associated public reports, details findings of misconduct against a Toowoomba Regional Council Councillor, discusses the official corruption charges against Brisbane barrister Salvatore ‘Sam’ Di Carlo and highlights developments arising from the review of the Public […]
ReadmorePooling order for the win!
On 2 March 2023 the Supreme Court of Victoria published its reasons in the matter of Atlas Gaming Holdings Pty Ltd [2023] VSC 91 (the Atlas case) in which Gadens acted on behalf of the Liquidator of four companies seeking a pooling order pursuant to section 579E of the Corporations Act 2001 (Cth) (the Act). […]
ReadmoreReasonable notice claim costs employer
The recent case of Daigle v SCT Operations Pty Limited [2022] NSWDC 364 (Daigle) has highlighted the importance of ensuring that employees have an agreed, lawful period of notice of termination in their employment contract. In Daigle, a geotechnical engineer who had been employed for over 16 years was made redundant. Daigle’s contract did not […]
ReadmorePenalties for consumer law breaches on the rise: Federal Court finds Employsure penalty ‘manifestly inadequate’
The recent Employsure decision makes it very clear that penalties for breaches of the Australian Consumer Law (ACL), particularly where those breaches occur online, cannot be considered a ‘cost of doing business’ by companies assessing risks around particular conduct or the adequacy of their compliance program. The Full Federal Court, on an appeal brought by […]
Readmore
