Gadens Regulatory Recap – 5 March 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, and the ATO including various enforcement actions taken by the regulators. ASIC ASIC calls on industry to better respond to underperformance in choice superannuation investment portfolios: On 21 February 2024, ASIC released a report investigating how financial advisers, superannuation […]

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Is the presence of a renter a barrier to execution of a court warrant?

Since around April 2011, the Sheriff’s Office of Victoria has taken the view that they would not execute a court warrant of possession against a person in occupation of land if they were under a residential rental agreement within the meaning of the Residential Tenancies Act 1997 (Vic) (RTA) and the mortgagee must instead comply […]

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1, 2, 3, 4 – Guiding you through the new Code for addressing sexual and gender-based harassment at work

Whether it’s your work, health and safety obligations or the positive duty in the Sex Discrimination Act 1984 (Cth) (SD Act) (see our related article here), close enough is no longer good enough. Proactive compliance is key. Safe Work Australia has recently released the ‘Sexual and gender-based harassment – Code of Practice’ (Code) to provide […]

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Gadens Regulatory Recap – 21 February 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, Treasury and ALRC, including various enforcement actions taken by the regulators. ASIC ASIC to crack down on predatory lending: ASIC has promised it will turn its attention to high-cost credit and predatory lending to consumers and small businesses, noting […]

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Corruption and Integrity Update – January 2024

In this edition of the Corruption and Integrity Update we consider the fifth Quarterly Report released by the CCC regarding the implementation of the Commission of Inquiry recommendations, updates from the Queensland Integrity Commission, and recent decisions on regulators costs arising from the Court of Appeal and QCAT stemming from integrity related proceedings. Quarterly Report […]

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Gadens Regulatory Recap – 6 February 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, the OAIC, Treasury and ALRC, including various enforcement actions taken by the regulators.  ASIC  ASIC and APRA issue joint letter on delay of Financial Accountability Regime (FAR) commencement and implementation: ASIC and APRA have published a joint letter to all authorised […]

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The Montague Precinct and Fishermans Bend – Have your say on Victoria’s largest urban renewal project

The Department of Transport and Planning (DTP) has released the draft Montague Precinct Infrastructure Plan (PIP) and draft Development Contributions Plan (DCP) for Fishermans Bend. These documents are on public exhibition until 23 February 2024 and will have a substantial impact on landholdings across the Fishermans Bend urban renewal area. The Fishermans Bend urban renewal […]

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National Integrity Spotlight – January 2024

In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, developments from various state corruption and integrity bodies, and how Australia scored on the 2023 Corruption Perceptions Index. NACC Update Referral and Assessment Update The National Anti-Corruption Commission (NACC) continues to provide regular updates on the number […]

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Gadens Regulatory Recap – 23 January 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, AFCA, the OAIC, and Treasury, including various enforcement actions taken by the regulators. ASIC ASIC extends product intervention orders for short term credit and continuing credit contracts: On 5 January 2024, the Australian Securities Investments Commission (ASIC) extended its product intervention […]

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Last-minute closure of some of the ‘loopholes’

More changes to employment and safety laws are on their way. While many employers, advisors, lawyers and business operators are still getting across the raft of legislative changes since December 2022, the final parliamentary sitting week of 2023 saw yet another tranche of changes passed and those changes became law on 15 December 2023. What’s […]

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National Integrity Spotlight – November 2023

In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, developments from various state corruption and integrity bodies, and potential amendments to the AML/CTF Rules. NACC Update Referral and Assessment Update The National Anti-Corruption Commission (NACC) continues to provide regular updates on the number of referrals received, […]

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Influencer compliance with advertising obligations fails to impress

Earlier this year the Australian Competition Consumer Commission’s (ACCC) conducted a sweep of social media platforms to understand how advertising was conducted in social media posts. An alarming 81% of influencers reviewed had made posts that did not wholly comply with the Australian Consumer Law (ACL).[1] Every sector ‘swept’ contained non-compliant posts, with the highest […]

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