National Integrity Spotlight – August 2024
In the latest edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, new foreign-bribery guidance for corporations, and updated statistics on Commonwealth fraud, as well as updates from the various state integrity bodies. NACC Update Referral and Assessment Update The NACC continues to provide regular updates on the number […]
ReadmoreGovernment publishes Consultation on the Mandatory Guardrails for AI in high-risk settings
In a busy period for Government on technology and data law reforms, in conjunction with its ongoing reviews of AI technology and systems, and complementing the Voluntary AI Safety Standard unveiled by Minister Ed Husic, the Federal Government recently released its ‘Proposals Paper for introducing mandatory guardrails for AI in high-risk settings’ (Paper) as an […]
ReadmoreFederal Court upholds six-month restraint
The Federal Court of Australia has reinforced the enforceability of post-employment restraints in employment agreements, awarding a six-month restraint to an employer whose former employee violated their non-solicitation and non-compete clauses. This verdict underscores the critical importance of well drafted post-employment restraints in safeguarding a business’s proprietary information and competitive edge. Background The applicant, Broadband […]
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 […]
ReadmoreAustralian Government releases draft merger control thresholds
The Australian Government has published its draft merger control thresholds which would trigger a mandatory merger control notification to the Australian Competition & Consumer Commission (ACCC) by relevant parties. These are likely to result in many more transactions being notified to the ACCC pursuant to the new processes the Australian Government will legislate to commence […]
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 […]
ReadmoreLife in the (planning) fast lane… what’s the cost?
Last year the State Government expanded Victoria’s Development Facilitation Program (DFP) – making the Minister for Planning the decision maker for significant residential developments ($50 Million or more in Melbourne, or $15 Million or more in regional Victoria) that include affordable housing. As a result of these changes to the DFP, many developers have (or are in the process […]
ReadmoreGadens Regulatory Recap – 4 September 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, OAIC, Treasury, and the Federal Parliament including various enforcement actions taken by the regulators. ASIC ASIC continues extensive action against greenwashing ASIC has made 47 regulatory interventions in relation to greenwashing misconduct, including commencing two Federal Court proceedings and issuing over […]
ReadmoreCorruption and Integrity Update – August 2024
In this edition of the Queensland Corruption and Integrity Update we consider various updates from the CCC, and recent parliamentary updates relating to the Office of the Independent Assessor. CCC updates CCC provides updated Strategic Plan for 2023-2027 On 1 July 2024, the CCC released its updated Strategic Plan for 2023 to 2027. The Strategic […]
ReadmoreProposed National Electricity Market (NEM) changes to accelerate VPPs – what it means for retail electricity businesses and aggregators
The Australian Energy Market Commission (AEMC) has recently proposed a draft electricity rule that presents a significant opportunity for aggregators and innovative retailers that would work well to help manage hedging risks, reduce costs and earn revenue in existing markets and through the provision of ancillary services. The National Electricity Amendment (Integrating price-responsive resources into […]
ReadmoreOliver Hume decision – Independent investors charged with aggregated landholder duty on capital raising
The Victorian Court of Appeal has recently handed down its unanimous decision in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175. The Court of Appeal found that 18 independent and unrelated investors who subscribed for shares under a publicly available information memorandum were held […]
ReadmoreGadens Regulatory Recap – 21 August 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators. ASIC Financial advice update: The Financial Advice Update, published by ASIC on 9 August 2024, highlights key regulatory developments affecting Australian financial services (AFS) licensees and financial advisers. The update […]
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