Federal Court has bone to pick with Medtronic, awards largest ever penalty under Therapeutic Goods Act 1989 (Cth)

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 […]

Readmore

Gadens Regulatory Recap – 24 September 2024

This 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 […]

Readmore

National Integrity Spotlight – August 2024

In 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 […]

Readmore

Government publishes Consultation on the Mandatory Guardrails for AI in high-risk settings

In 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 […]

Readmore

First Tranche of Privacy Act Reforms enter Parliament

The 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 […]

Readmore

Gadens Regulatory Recap – 4 September 2024

This 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

Corruption and Integrity Update – August 2024

In this edition of the Queensland Corruption and Integrity Update we consider various updates from the CCC, and recent parliamentary updates relating to the Office of the Independent Assessor. CCC updates CCC provides updated Strategic Plan for 2023-2027 On 1 July 2024, the CCC released its updated Strategic Plan for 2023 to 2027. The Strategic […]

Readmore

Gadens Regulatory Recap – 21 August 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators. ASIC  Financial advice update: The Financial Advice Update, published by ASIC on 9 August 2024, highlights key regulatory developments affecting Australian financial services (AFS) licensees and financial advisers. The update […]

Readmore

Court orders Mercer Superannuation to pay an $11.3m penalty

Last year, ASIC commenced proceedings seeking declarations, pecuniary penalties and adverse publicity orders against Mercer Superannuation (Australia) Limited (Mercer) alleging that Mercer had made false or misleading representations and engaged in conduct that was liable to mislead the public in relation to financial services in contravention of sections 12DB(1)(a) and 12DF(1) of the Australian Securities […]

Readmore

Gadens Regulatory Recap – 8 August 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators. ASIC ASIC’s first greenwashing case results in landmark $11.3 million penalty for Mercer The Federal Court has ordered Mercer Superannuation (Australia) Limited (Mercer) to pay $11.3 million in penalties in […]

Readmore

National Integrity Spotlight – July 2024

In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, the newly announced Fundamental Principles of Australian Anti-Corruption Commissions, and updates from various Australian integrity bodies. We also consider the updated Commonwealth Fraud and Corruption Control Framework, newly updated AML/CTF frameworks, and updates relating to the soon-to-be […]

Readmore

National Integrity Spotlight – June 2024

In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, including the decisions made in relation to the Robodebt referrals. We also provide details of the various reports released by the Senate Inquiry into management consultants, and State anti-corruptions bodies including the NSW ICAC, SA ICAC, NT ICAC […]

Readmore