COVID-19 | Emergency Measures in Victoria – Electronic execution of deeds and mortgages, and remote witnessing
On 24 April 2020, the Victorian Government’s COVID-19 Omnibus (Emergency Measures) Act 2020 received Royal Assent. That Act made sweeping changes in various areas, on a temporary basis, to address many practical issues being faced due to the various restrictions in force to seek to minimise the spread of COVID-19. That Act permitted the Governor […]
ReadmoreCOVID-19 | COVIDSafe – An update: what do the experts think?
As expected, the COVIDSafe app has spurred debate, and has resulted in a sharp increase in the number of “data privacy experts” (including politicians) who are willing to publicly express their views! Since our earlier article, there have been a number of developments, including those discussed below. While there are those who have enthusiastically installed the […]
ReadmoreCOVID-19 | Contact tracing? There’s an app for that!
Effective and widespread contact tracing is considered to be a critical step in managing and containing the spread of COVID-19. The Commonwealth has released COVIDSafe, a mobile app to assist in determining who may have been exposed to the virus. Additionally, a contact tracing protocol is being developed by Apple and Google which will be […]
ReadmoreCOVID-19 | Disaster Profiteering Outlawed (for now)
The Australian Government has outlawed price gouging for some essential goods until 18 June 2020 under a new Biosecurity law. Here is what you need to know. The Australian Government has passed a new determination to prohibit price gouging for certain “essential” goods (Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Essential Goods) Determination 2020 (Cth)). […]
ReadmoreFMCG Express | April Edition
It has been a tumultuous start to 2020, with the devastating droughts and bushfire season, followed by the COVID-19 pandemic. Australian businesses have been faced with unprecedented challenges, and the impact on the FMCG, retail and hospitality sectors has been profound. While some areas of the FMCG sector are on the up, others are struggling, […]
ReadmoreUse of electronic signatures: reinforcing the need for a clear understanding
Following on from our previous e-update on the use of electronic signatures, the recent case of Bendigo and Adelaide Bank Ltd & Ors v Kenneth Ross Pickard & Anor [2019] SASC 123 (the Pickard Case) confirms our earlier comments that it would be preferable for a company to execute a Deed using a wet-ink signature. […]
ReadmoreFMCG Express | September Edition
Gadens has brought together a selection of articles from our top lawyers operating across the FMCG sector, to bring you the September edition of the FMCG Express. Covering recent stories such as the Kraft vs Bega dispute, the advertising campaign by Ad Standards and Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] […]
ReadmoreSponsored posts on social media: what do I need to know?
Advertisers and social media users (importantly, social media influencers) must ensure that posts or comments made on social media platforms are compliant with the Australian Association of National Advertisers (AANA) Code of Ethics (the Code). What is the Code? The Code is the overarching document that sets out the applicable standards across any medium for […]
ReadmoreCopyright Modernisation Consultation Paper
The Australian Department of Cabinet and Arts (“the Department“) has recently released its Copyright Modernisation Consultation Paper (“Consultation Paper“), which aims to: address the current inefficiencies in the existing Copyright Act 1968 (Cth) (“Copyright Act“) and regulations; and balance “the interests of innovators, investors and creators with the health, economic and social welfare of consumers […]
ReadmoreA “Sandwich” Short of a Picnic
The Trade Marks Office’s recent decision to register the sandwich inventor’s name as a trade mark has given rise to the age old question of whether “a rose by any other name would smell as sweet”… or in this case a sandwich. The Applicant, who runs an independent café in [southern] NSW, sought registration of […]
ReadmoreUse of electronic signatures
Most documents used in day-to-day business can be signed electronically in Australia. The Electronic Transactions (Victoria) Act 2000 (ETA) governs electronic transactions in Victoria. Electronic signatures The ETA does not contain a prescribed definition of what would be an ‘electronic signature’. Therefore, an electronic signature may take the form of an image of an individual’s […]
ReadmoreStandard form business contracts
On 12 November 2016, section 23 of the Australian Consumer Law (ACL) was amended to provide protection for small businesses from “unfair” contract terms in business-to-business standard form contracts. This came as a result of the ACCC reviewing a number of standard form contracts involving small businesses and identifying a number of commonly-occurring problems in […]
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