‘Greenwashing erodes consumer trust’ – the ACCC tells business to clean up its act on misleading environmental claims

The ACCC has delivered a clear and strong message to businesses in a speech by its Deputy Clair, Delia Rickard, to The Sydney Morning Herald Sustainability Summit on 20 September 2022 – “Environmental claims and sustainability are a current priority for the ACCC”. The ACCC “won’t hesitate to take enforcement action where we see that […]

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FMCG Express | September 2022 Edition

In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]

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Proposed amendments to the Betting and Racing Regulation and the definition of an inducement

The Betting and Racing Regulation 2012 (NSW) (Betting and Racing Regulation) and Totalizator Regulation 2012 (NSW) will be repealed on 1 September 2022. In anticipation of the expiration of these regulations, Liquor and Gaming NSW (L&GNSW) have released the following draft regulations for consideration and feedback: Draft Betting and Racing Regulation 2022; and Draft Totalizator […]

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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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How to infringe the Privacy rights of millions of Australians with a few clicks… a cautionary tale by Big Brother and his friends

On 14 October 2021, the Australian Information Commissioner and Privacy Commissioner determined that by using its facial recognition platform to crawl the web to scrape biometric information from various sources on the internet and disclose it through its software, Clearview AI, had breached the privacy rights of millions of Australians.[1] Clearview AI has been described […]

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The Jack saga: the future of decisions on intentional doping and a substandard process

Anticipated to be announced this week, the appellate decision by a panel of the Court of Arbitration of Sport (CAS) in CAS 2020/A/7579 World Anti-Doping Agency v. Swimming Australia, Sport Integrity Australia & Shayna Jack and CAS 2020/A/7580 Sport Integrity Australia v. Shayna Jack & Swimming Australia Limited is expected to strongly influence future anti-doping […]

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If it walks like a duck… Telstra’s new payphones and what they mean for the streetscape

If it walks and quacks like a duck, it’s probably a duck… This is what the Full Court of the Federal Court decided in considering whether or not Telstra’s new payphone cabinets, which feature large digital billboards, constituted ‘low-impact facilities’ (which would be exempt from State and Territory planning laws).[1] Importance of decision The decision […]

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Major changes to privacy law announced – but will they be implemented?

Key points Commonwealth Government announces large increases to penalties for privacy breaches Regulator to receive funding boost and additional enforcement powers Social media sites and other online platforms face further specific privacy requirements Looming Federal election leaves some uncertainty over whether changes will be implemented Mosque massacre prompts Government into action on privacy law reform […]

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Sponsored posts on social media: what do I need to know?

Advertisers and social media users (importantly, social media influencers) must ensure that posts or comments made on social media platforms are compliant with the Australian Association of National Advertisers (AANA) Code of Ethics (the Code). What is the Code? The Code is the overarching document that sets out the applicable standards across any medium for […]

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