ACCC v Hutchinson: understanding an “understanding”
Gadens acted for Hutchinson Builders (Hutchinson) in a recent High Court case,[1] in which the ACCC unsuccessfully sought to overturn a finding made by the Full Court[2] that an “understanding” for the purposes of s 45E(3) of the Competition and Consumer Act 2010 (Cth) (CCA) requires communication of assent that precedes and is distinct from […]
ReadmoreIntroduction of the Scams Prevention Framework
Scams represent a growing risk to Australians in an increasingly connected world, with losses from scams totalling approximately $2.7 billion to consumers in 2023. While various regulators, such as ASIC and the ACCC, both aided by the National Anti-Scam Centre, have made it clear that combatting scams is a priority in recent years, the passage […]
ReadmoreAANA upping the ante in fight against advertiser greenwashing – new Environmental Claims Code in force from 1 March 2025
Starting from 1 March 2025, Australia’s leading marketing industry body, the Australian Association of National Advertisers (AANA), will be ramping up its efforts against greenwashing in ads and marketing through a new and more extensive Environmental Claims Code (Code), replacing the current version that has been in effect since 1 May 2018. The Code will […]
ReadmoreHCF Life’s ‘pre-existing condition’ clause in life insurance contracts declared misleading but not an ‘unfair contract term’ by Federal Court
Following proceedings commenced by the Australian Securities and Investments Commission (ASIC), the Federal Court declared on 28 October 2024 that a term used by HCF Life Insurance Company Pty Ltd (HCF Life) in consumer contracts was misleading, but not an unfair contract term. The HCF Life case follows a number of other high profile cases […]
ReadmoreNew Australian mandatory merger control legislation introduced – Further clarity on the path ahead
In the biggest ever reform of Australia’s merger control laws (see our earlier Insights here and here), the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (Bill) was introduced in the House of Representatives on 10 October and will now work its way through the Parliamentary process with an expectation of the Bill becoming law by […]
ReadmoreConsumer Express | October 2024 Edition
In our tenth edition of Consumer Express we consider the hot topics facing our consumer clients, including the right to disconnect and what it really means, the first tranche of the new privacy reforms and how to prepare for what’s coming, helpful tips on structuring trade promotions, as well as AI washing. Our regulators have […]
ReadmoreA tectonic shift – Australia’s first dedicated Cyber Security Act
Hot off the heels of its first tranche of reforms to the Privacy Act, the Federal Government has released a raft of cyber security legislation to ‘achieve Australia’s vision of being a world leader in cyber security by 2030’,[1] including Australia’s first dedicated ‘Cyber Security Act.’ Minister for Cyber Security Tony Burke introduced the: Cyber […]
ReadmoreAustralian Government releases draft merger control thresholds
The 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 […]
ReadmoreASIC issues infringement notices to Fertoz Limited for alleged greenwashing
On 25 June 2024, the Australian Securities & Investments Commission (ASIC) confirmed that, on 21 June 2024, Fertoz Limited (Fertoz) had paid $37,560 in compliance with two infringement notices issued by ASIC in relation to alleged false or misleading statements that Fertoz had made in respect of its Reforestation Project in the Philippines. In issuing […]
ReadmoreGames of chance: When and where is a permit needed?
The Trade Promotions regulators increased their fees on 1 July – see our handy one pager outlining the new fees, for where permits are needed across Australia. Click the image below to read the full update. If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: […]
ReadmoreDoing business in Australia
The 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, benefitting from well-developed infrastructure, […]
ReadmoreUncovering greenwashing: ASIC’s latest pursuit of accountability – Judgment against Active Super
Last week, the Federal Court found that the superannuation fund Active Super had made misleading representations concerning its commitment to environmental, social and governance (ESG) factors in its investment decision-making. On 10 August 2023, the Australian Securities and Investments Commission (ASIC) commenced proceedings against the Local Government Superannuation Scheme (LGSS), as trustee of Active Super, […]
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