The Federal Court of Australia in New South Wales has hit medical devices giant Medtronic with a $22 million penalty and a $1 million costs order in its decision of Secretary, Department of Health v Medtronic Australasia Pty Ltd [2024] FCA 1096, which was handed down last week. Pursuant to its originating application dated 31 […]
ReadmoreThis edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, and ACCC including various enforcement actions taken by the regulators. ASIC ASIC calls on product issuers to review distribution practices for DDO compliance: ASIC is urging product issuers to improve their distribution practices following a review that found significant issues with how […]
ReadmoreRevenue NSW is introducing a new duty assessment process for transactions with a dutiable value of $20 million or more, which may affect timeframes for purchasers to receive their duty assessment from Revenue NSW. What is changing? Revenue NSW is transitioning its assessment process for transactions involving agreements or contracts for the sale of land […]
ReadmoreDevelopers or property owners often need to make changes to a development approval in response to changing market conditions or operational needs. In Queensland, under the Planning Act 2016 (Qld) (PA) a person may apply to change a development approval for either a ‘minor change’ or a change ‘other than for a minor change’ (other […]
ReadmoreIn 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 […]
ReadmoreIn 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 […]
ReadmoreThe 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 […]
ReadmoreThe 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 […]
ReadmoreThe 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 […]
ReadmoreProportionate 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 […]
ReadmoreLast 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 […]
ReadmoreThis 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 […]
Readmore