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 […]
ReadmoreFederal 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] […]
ReadmoreDenmark 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 […]
ReadmoreGames 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: […]
ReadmoreA 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 […]
ReadmoreConsumer 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 […]
ReadmoreACCC 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 […]
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