Consumer 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 […]
ReadmoreGovernment 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 […]
ReadmoreFirst 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 […]
ReadmoreOliver Hume decision – Independent investors charged with aggregated landholder duty on capital raising
The Victorian Court of Appeal has recently handed down its unanimous decision in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175. The Court of Appeal found that 18 independent and unrelated investors who subscribed for shares under a publicly available information memorandum were held […]
ReadmorePrivacy & Data Law Series | ALI and ALJ (Privacy) [2024] AICmr 131: Australian Privacy Principles and application of the employee records exemption
In the recent decision of ALI and ALJ (Privacy) [2024] AICmr 131 by the Australian Privacy Commissioner (the Commissioner), an employer was held to have breached Australian Privacy Principle (APP) 6.1 which governs the use or disclosure of personal information under the Privacy Act 1988 (Cth) (Privacy Act). This came after the employer unsuccessfully relied […]
ReadmorePrivacy & Data Law Series | Where are we now?
2024 is proving to be another significant year in the evolving privacy and data law environment. We have had some watershed announcements following the developments that took place during 2023, including the Government’s proposal to fast-track to August 2024 certain of the agreed changes proposed in their response to the Privacy Act Review Report (in particular […]
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, […]
ReadmoreOAIC Medibank action a wakeup call for organisations to uplift privacy compliance
The Office of the Australian Information Commissioner (OAIC) has made data breaches a regulatory priority for 2023-2024, with an increased focus on regulatory action where there may be serious failures to take reasonable steps to protect personal information, inappropriate data retention practices or failures to comply with the notification procedure from the Notifiable Data Breaches […]
ReadmoreMandatory sustainability reporting regime: An update – Second reading debate completed
In the March 2024 edition of Gadens’ FMCG Express, we discussed the exposure draft of the Treasury Laws Amendment Bill 2024: Climate-related financial disclosure (Draft Legislation), which outlined a proposal for the implementation of a mandatory climate-related financial disclosure regime based on existing international frameworks and standards. On 27 March 2024, the Treasury Laws Amendment […]
ReadmoreBe GLAD it’s not you! ACCC launches Federal Court greenwashing proceedings against Clorox Australia Pty Ltd
The Australian Competition and Consumer Commission (ACCC) recently announced that it has commenced Federal Court proceedings against the manufacturer of GLAD-branded kitchen and garbage bag products, Clorox Australia Pty Ltd (GLAD), for alleged false or misleading representations displayed on their products and packaging. This comes after the ACCC released guidance on environmental claims in December […]
ReadmoreDraft legislation on Privacy Act Reforms brought forward to August as the Government respond to the ‘violence against women’ crisis
The Federal Government has announced a suite of preventative measures and legislative reforms following a national cabinet meeting yesterday addressing violence against women in Australia. Notably, the Government will bring forward legislation in August outlawing the release of private information online with an intent to cause harm, also known as ‘doxxing’. This is in addition […]
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