Disclosure obligations for financial service providers in NSW: One-year on from reforms to the Fair Trading Act 1987 (NSW)

It has been over a year since reforms were introduced under the Fair Trading Act 1987 (NSW) (the Act) requiring suppliers (including of financial services) to take reasonable steps to disclose to their customers prejudicial contract terms and for intermediaries to disclose the arrangement under which they are acting, including referral commissions. The disclosure requirements […]

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Unconscionable conduct in asset based lending: Stubbings v Jams 2 Pty Ltd [2022] HCA 6

Recently, the High Court of Australia found unconscionable conduct on the part of a lender on an asset based loan and held that the lender could not rely on the certificates of independent legal and financial advice procured from the borrower to immunise the transaction against unconscionable conduct laws. The loan was made to a […]

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FMCG Express | March 2022 Edition

Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]

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Doing business in Australia

The revised 2022 edition of Gadens’ Doing business in Australia guide provides foreign investors with an overview of the Australian business, economic and regulatory environment, as well as practical advice on how to go about setting up and doing business in Australia. Australia is an ideal investment location for foreign companies looking to grow internationally, […]

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New trade promotions regulation in South Australia

South Australia is introducing a new regulation governing trade promotions. Here’s how it will affect you. The new Regulation The Lotteries Regulation 2021 (SA) (Regulation) will take effect on 10 December 2021. The South Australian government consulted with stakeholders on a draft of the Regulation (see our recent update) but minimal changes have been made in […]

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FMCG Express | September 2021 Edition

The first half of the year brought signs that the business malaise post-COVID-19 was beginning to lift, however, we are seeing ongoing disruption facing the FMCG sector. We are finally seeing some green shoots with the end of lockdown on the horizon. In this edition, the team explores the evolution of the digital consumer experience; […]

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Unfair contract terms – big changes mean big risk for businesses

Many businesses will be familiar with the existing ‘unfair contract terms’ regime in the Australian Consumer Law (the ACL). Draft legislation has been circulated which will implement big changes, including potential penalties of $10 million or more. Businesses will likely need to review many of their contract terms, as the new regime will be much […]

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South Australia shakes up ‘game of chance’ trade promotion regulations

The South Australian Government has now completed an extensive review of its Lottery and Gaming Regulations 2008 (SA). It has issued a draft of the proposed Lotteries Regulations 2021 (SA) for comment. These would replace the existing regulations in December this year. The upshot: incremental improvements While the Lotteries Regulations would introduce some small improvements, […]

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COVID-19 | TGA updates guidance for advertising of COVID-19 vaccines to Australian public

In February 2021, we provided an update on the guidance issued by the Therapeutic Goods Administration (TGA) regarding the advertising of COVID-19 vaccines to the Australian public. That update is available here: COVID-19 | TGA issues guidance for advertising of COVID-19 vaccines to Australian public. Under the previous guidance, advertisers were restricted to republishing materials […]

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FMCG 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 […]

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Trade Promotions update | ‘Gift with Purchase’ offers in South Australia

We have some exciting news about changes to ‘Gift with Purchase’ trade promotions in South Australia. Read our full update below: If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Jessica Bell, Paralegal +61 3 9252 7701 | jessica.bell@gadens.com Sonja Muzoska, […]

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The expansion of statutory unconscionable conduct risk in commercial transactions

Where a statute proscribes unconscionable conduct in business, a company can be liable whether or not the person to whom the allegedly unconscionable conduct is directed is vulnerable or at a special disadvantage. In ACCC v Quantum Housing Group Pty Ltd, handed down on 19 March 2021, the Full Federal Court placed the focus in […]

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