Electronic signatures are back for the time being
The Federal Government has now passed the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (Amending Act) which amends the Corporations Act 2001 (Cth) (Corporations Act) to allow for technologically-assisted meetings and the long-awaited electronic execution of company documents. These changes became effective on 14 August 2021. As noted in our previous article, the […]
ReadmoreMove to permanent reforms to the Corporations Act – electronic signatures, virtual meetings
The Federal Government has released the exposure draft of legislation (Exposure Draft) amending the Corporations Act 2001 (Cth) (Corporations Act) to allow for technologically-assisted meetings and the long-awaited electronic execution of company documents. As noted in our previous article, the emergency reforms under Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 expired on 21 March […]
ReadmoreFMCG Express | May 2021 Edition
2021 certainly started with a bang; we are seeing a significant boost in appetite for advice right across our FMCG client base, including a lot of M&A activity, and we are excited to see how the year ahead unfolds. In the May 2021 edition of FMCG Express, editor Hazel McDwyer and the Gadens team provide […]
ReadmoreSuccessfully managing cyber security risks
In today’s world cyber security has never been more critical. Keeping your data secure has become increasingly complex, with hackers doing their best to stay one step ahead. Now more than ever before, it is important that you address cyber security risks as a key priority for your organisation. For Privacy Awareness Week 2021, our […]
ReadmoreCOVID-19 | No extension to temporary reforms to permit electronic signing of company documents
In a blow for advocates of efficiency (both technological and practical), the temporary reforms under Corporations (Coronavirus Economic Response) Determination (No. 3) 2020 (Determination), which had permitted the conduct of virtual meetings, electronic execution of documents and split execution of documents under section 127 of the Corporations Act 2001 (Cth) (Act) expired on 21 March 2021. Unless, and until, a replacement relief […]
ReadmoreACCC seeks ban on unfair trading practices
On 10 December 2020 the Australian Competition and Consumer Commission (the ACCC) released its Perishable Agricultural Goods Inquiry Report (the Report). Purpose of the inquiry The ACCC’s inquiry into markets for the supply of perishable agricultural goods was conducted at the direction of the Commonwealth Treasurer, the Hon. Josh Frydenberg MP. The ACCC conducted a […]
ReadmoreIf it walks like a duck… Telstra’s new payphones and what they mean for the streetscape
If it walks and quacks like a duck, it’s probably a duck… This is what the Full Court of the Federal Court decided in considering whether or not Telstra’s new payphone cabinets, which feature large digital billboards, constituted ‘low-impact facilities’ (which would be exempt from State and Territory planning laws).[1] Importance of decision The decision […]
ReadmoreFMCG Express | October Edition
2020 continues to be an interesting year with COVID-19 still impacting our lives and businesses, although we are cautiously optimistic that we may be turning a corner here in Australia. In this edition of FMCG Express, we bring you some useful COVID-19 reading as we grapple with the ongoing effects of the pandemic and look […]
ReadmoreSenate Select Committee on Fintech and Regulatory Tech publishes interim report
The need for permanent corporate law reforms for virtual company meetings and electronic communications and signatures by companies – Senate Select Committee inquiry on Financial Technology and Regulatory Technology interim report and recommendations. In September 2020, the Senate Select Committee inquiry on Financial Technology and Regulatory Technology (Committee) released its interim report. The preliminary recommendations […]
ReadmoreChanges to exemptions to the Electronic Transactions Act 1999 (Cth) yield mixed bag for banking industry
On 29 July 2020, the Commonwealth Government passed the Electronic Transactions Regulations 2020 (Cth) (Regulations), with changes to the scope of Commonwealth legislation that were wholly or partially exempt from the provisions of the Electronic Transactions Act 1999 (Cth) (Act) (Electronic Transactions Act). Exemption from the Act previously had the effect that requirements for writing, […]
ReadmoreACCC’s scrutiny of APRA’s licence fees and royalties is music to some businesses’ ears
Everybody will be familiar with hearing music playing in the background in shops, bars, cafes and restaurants or on the radio and TV. Unless there are alternative licensing arrangements in place, these businesses are required to obtain and pay for a licence from Australasian Performing Right Association (APRA) to do so. The fees from these […]
ReadmoreSPAM should only be found on the Supermarket shelves – not in my inbox!
A recent case in which Woolworths Group Limited (Woolworths) was fined $1,003,800 by the Australian Communications and Media Authority (ACMA) for over five million breaches of the Spam Act 2003 (Cth) (the Spam Act) is a stark reminder of the importance of establishing and maintaining rigorous controls to ensure that commercial electronic messages are only […]
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