Further reforms to the Security of Payment regime in NSW – Implications for the construction industry
One of the most important pieces of legislation for the NSW construction industry, the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act), is set to undergo further reform with the proposed Building and Construction Legislation Amendment Bill 2022 and accompanying regulation, the Building and Construction Legislation Amendment Regulation 2022 (together, the […]
ReadmoreCryptocurrencies and ‘earning’ products – ASIC makes managed investment scheme claims
ASIC has commenced civil penalty proceedings in the Federal Court against fintech company Block Earner alleging it provided unlicensed financial services in relation to its crypto-asset based products and that it operated an unregistered managed investment scheme. ASIC is seeking declarations, injunctions, and pecuniary penalties from the Court. It is tricky territory, given crypto assets […]
ReadmorePost-employment restraints: a refresher
Post-employment restraints, also known as ‘restraints of trade’, refer to clauses contained within an employment agreement that seek to prevent former employees from engaging in a range of competitive activities after their employment ends. Restraints of trade can be contained in various types of agreements, including: employment agreements, business sale agreements and/or shareholder agreements. For […]
ReadmoreVCAT returns to in-person planning and valuation hearings
After more than 2 years of online hearings, this week VCAT reintroduced in-person planning and valuation hearings where appropriate. This Gadens planning update provides an overview of what hearings will now be held in person, what we can except in the hearing rooms and the COVID-19 safety measures that have been implemented. What hearings and […]
ReadmoreChanges to Victoria’s Farm Debt Mediation Act
On 1 December 2011, the Farm Debt Mediation Act 2011 (Vic) (FDMA) was introduced in Victoria. The purpose of the Act is to provide for the efficient and equitable resolution of farm debt disputes between a creditor and a farmer. The FDMA provides a farmer with an option to mediate before a creditor takes possession […]
ReadmorePlanning agenda set for the suburban rail loop (If it goes ahead)…
The most contentious infrastructure project of the upcoming 2022 state election campaign is the Suburban Rail Loop (SRL). While construction is already underway on SRL East, Leader of the Opposition, Matthew Guy has promised that a Coalition government would “shelve the SRL”. In the lead up to the polls, this Gadens planning update provides an […]
ReadmoreGood news for consumers? New Digital Platform laws to combat fake reviews, scams and unfair practices proposed
Last Friday the Australian Competition & Consumer Commission (ACCC) released its 5th report of the Digital Platform Services Inquiry. The much anticipated report deals with the competition and consumer issues raised in the Digital Platform Services Inquiry, the Digital Advertising Services Inquiry (2020-2021) and the Digital Platform Inquiry (2017-2019). Digital platforms are online spaces for […]
ReadmoreIncreased competition and consumer law penalties now take effect
The maximum penalties for contraventions of competition law prohibitions in the Competition and Consumer Act 2010 (Cth) and offence and civil penalty provisions in the Australian Consumer Law have now markedly increased following the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) having received the Royal Assent. Of particular note, the maximum penalty for […]
ReadmoreDate set for ‘unfair contract terms’ to be rendered unlawful: Time to act
Businesses now have less than 12 months to cease using unfair contract terms in their standard form consumer contracts and small business contracts, now that the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) has received the Royal Assent. Whereas unfair contract terms can presently be rendered void and unenforceable, the use of unfair […]
ReadmoreThe crypto winter and custody – practical advice for shoring up custody arrangements
The digital assets world has been rocked by the liquidity run on FTX the week, the world’s second largest exchange, and the near buyout by Binance, the world’s largest exchange. While there are various reasons being put forward for the issues facing FTX, in a febrile environment part of the focus is on custody of […]
ReadmoreCartel Update: First criminal cartel jail sentence handed down by Federal Court of Australia
The Federal Court of Australia has affirmed its position that any cartel conduct, as prohibited by the Competition and Consumer Act 2010 (Cth) (CCA), will be treated extremely seriously by the Courts and that in addition to companies involved in such behaviour being prosecuted and fined, that the Courts have every intention to hold individual […]
ReadmoreProper construction – the meaning of “for” within the context of section 6(5) of the National Credit Code
In the matter of Australian Securities and Investments Commission v BHF Solutions Pty Ltd [2022] FCAFC 108, the Court considered whether one or more of the fees charged by the Second Respondent could be considered “a charge that is or may be made for providing the credit” within the meaning of s 6(5) of the […]
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