ASIC continues focus on financial hardship processes
Lenders should prepare for both an increase in financial hardship applications and heightened scrutiny from the regulator on how these hardship applications are managed. The Australian Securities & Investments Commission (ASIC) has found that lenders are not complying with their obligations in the cases of customers who are facing financial difficulty. As the cost of […]
ReadmoreHigh Court decision confirms proportionate liability regimes apply in arbitrations
The High Court of Australia has handed down a significant judgment in Tesseract International v Pascale Construction [2024] HCA 24, with a majority finding that the proportionate liability laws apply to arbitrations. The case involved a contract for the provision of engineering consultancy work by Tesseract in connection with the development of a Bunnings Warehouse, […]
ReadmoreCourt orders Mercer Superannuation to pay an $11.3m penalty
Last year, ASIC commenced proceedings seeking declarations, pecuniary penalties and adverse publicity orders against Mercer Superannuation (Australia) Limited (Mercer) alleging that Mercer had made false or misleading representations and engaged in conduct that was liable to mislead the public in relation to financial services in contravention of sections 12DB(1)(a) and 12DF(1) of the Australian Securities […]
ReadmoreGadens Regulatory Recap – 8 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 ASIC’s first greenwashing case results in landmark $11.3 million penalty for Mercer The Federal Court has ordered Mercer Superannuation (Australia) Limited (Mercer) to pay $11.3 million in penalties in […]
ReadmoreNational Integrity Spotlight – July 2024
In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, the newly announced Fundamental Principles of Australian Anti-Corruption Commissions, and updates from various Australian integrity bodies. We also consider the updated Commonwealth Fraud and Corruption Control Framework, newly updated AML/CTF frameworks, and updates relating to the soon-to-be […]
ReadmoreGadens Regulatory Recap – 29 July 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 ASIC and OAIC share Memorandum of Understanding on information sharing to accelerate data and privacy breach responses: ASIC and the OAIC have agreed to and entered a Memorandum of […]
ReadmoreThe right to disconnect: It’s time to prepare a workplace policy
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth)[1] establishes a right to disconnect for the first time in Australian legislation. The novelty of this right has garnered significant media attention, whilst leaving employers uncertain of the precise implications of these changes. The provisions will take effect for the majority of employers […]
ReadmorePrivacy & Data Law Series | ALI and ALJ (Privacy) [2024] AICmr 131: Australian Privacy Principles and application of the employee records exemption
In the recent decision of ALI and ALJ (Privacy) [2024] AICmr 131 by the Australian Privacy Commissioner (the Commissioner), an employer was held to have breached Australian Privacy Principle (APP) 6.1 which governs the use or disclosure of personal information under the Privacy Act 1988 (Cth) (Privacy Act). This came after the employer unsuccessfully relied […]
ReadmoreGadens Regulatory Recap – 11 July 2024
This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, ACCC, Treasury, and legislative updates, including various enforcement actions taken by the regulators. ASIC AFS licensees required to notify ASIC about ‘experienced provider pathway’ declaration From 1 July 2024, AFS licensees must notify ASIC within 30 business days if they receive […]
ReadmoreASIC presses for penalties and crypto regulatory clarity with Block Earner appeal
The decision by the Australian Securities and Investments Commission (ASIC) to appeal the latest Block Earner decision should give crypto asset providers some cause for concern. The regulator has signalled that, despite some recent court losses, it is prepared to continue its focus on the emerging industry in its pursuit of regulatory clarity. In February […]
ReadmoreNational Integrity Spotlight – June 2024
In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, including the decisions made in relation to the Robodebt referrals. We also provide details of the various reports released by the Senate Inquiry into management consultants, and State anti-corruptions bodies including the NSW ICAC, SA ICAC, NT ICAC […]
ReadmorePrivacy & Data Law Series | Where are we now?
2024 is proving to be another significant year in the evolving privacy and data law environment. We have had some watershed announcements following the developments that took place during 2023, including the Government’s proposal to fast-track to August 2024 certain of the agreed changes proposed in their response to the Privacy Act Review Report (in particular […]
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