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Australian mandatory merger control: Key implications

The introduction of mandatory merger control in Australia introduces the biggest change in Australian deal mechanisms in decades. From 1 January 2026, Australia moved from a largely voluntary merger clearance system to a mandatory merger control regime. Certain acquisitions of shares, units or assets that meet prescribed thresholds must be notified to the Australian Competition […]

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Australian M&A: A review of 2025 and outlook for 2026

In 2025, Gadens’ Corporate team advised on over 50 M&A transactions totalling more than AUD3.8 billion. This marked an increase on 2024 and reflects the breadth of our involvement across the Australian M&A market throughout the year. In this year’s edition of our Australian M&A review, we examine the key trends and developments that shaped […]

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New prohibitions on unfair trading practices on the horizon

Following the release of two Decision Regulation Impact Statements (DRISs) in December that proposed significant reforms to the Australian Consumer Law (ACL), the Australian Government is following through with the first tranche of those reforms, releasing draft legislation that targets unfair subscription practices, ‘drip pricing’ and conduct that unreasonably distorts the decision environment for the […]

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Battle of the Brands: Bed Bath ‘N’ Table Triumphs in Landmark High Court Decision

In Bed Bath ‘N’ Table v Global Retail Brands Australia Pty Ltd HCA 50, the High Court of Australia has set aside a judgment of the Full Federal Court and upheld an appeal by Bed Bath ‘N’ Table Ltd (BBNT) in a dispute concerning a competitor’s use the below mark (House B&B Mark).     […]

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Mandatory merger rules are now set

The final ground rules for Australia’s mandatory, suspensory merger notification regime are now set following the Australian Government’s registration of the Competition and Consumer (Notification of Acquisitions) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination). The Amendment Determination provides welcome, but incomplete, relief to acquisitions of interests in land and other targeted exemptions. It also […]

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Australia launches AI Safety Institute and releases National AI Plan

The Labor government has recently announced the launch of the Australian AI Safety Institute (AISI), a national watchdog dedicated to ensuring the safe and responsible development of AI in Australia. The government will begin rolling out the AISI in early 2026. The AISI has been developed to oversee the deployment and regulation of AI technology […]

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Consumer Express | October 2025 Edition

In the October 2025 edition of Consumer Express, we explore the latest legal and regulatory developments impacting the consumer sector, with a focus on the emerging trends and challenges our clients are navigating. This edition covers the continued growth in online retail spending, driven by the rise of mobile-first shopping experiences, as well as the […]

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Federal Court confirms $5.8m penalty against Australian Clinical Labs over data breach

The Federal Court has confirmed Australian Clinical Labs (ACL) must pay a $5.8m civil penalty along with $400,000 in legal costs to settle proceedings commenced by the Australian Information Commissioner (OAIC).[1] The proceedings arose from the OAIC’s investigation into a cybersecurity attack on Medlab Pathology (Medlab) that exposed personal information relating to approximately 223,000 Australians,[2] […]

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Denmark to let you control the use of your voice and likeness. What about Australia?

If your social media is dipping into uncanny valley territory, you’ve likely found a deepfake. Elegantly described by the eSafety Commissioner, deepfakes are videos, images, or audio showing a real person “doing or saying something that they did not actually do or say”.  However, unlike the fakes of yesteryear, new AI technologies are not only […]

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Games of Chance: July 2025 Permit Fee Changes

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: […]

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A recipe for controversy: RecipeTin Eats and Bake with Brooki

Key takeaways Although you cannot copyright a caramel slice itself, copyright can subsist in the written recipe as a literary work. However, enforcement is likely to be difficult. Chefs and bakers often draw inspiration from each other’s recipes. However, it is generally expected to seek consent and provide credit or attribution, both respecting moral rights and […]

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Consumer Express | May 2025 Edition

In the May 2025 edition of Consumer Express, we focus on the key developments impacting our consumer clients, including the positive duty to prevent unlawful sexual discrimination, updates on wage theft laws, and the complexities surrounding retail lease rent reviews. We also take a closer look at the ACCC’s 2025-2026 enforcement priorities and the potential […]

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