On 22 May 2023, the Treasury announced that the Buy Now Pay Later (BNPL) industry will be regulated under the National Consumer Credit Protection Act 2009 (Credit Act). The move was announced by the financial services minister and assistant treasurer, Stephen Jones MP, at the Responsible Lending & Borrowing Summit. The announcement confirms that the […]
ReadmoreOn 29 March 2023, the Senate announced a landmark inquiry into the practice of greenwashing in Australia, with its final report due for publication by 5 December 2023. This development echoes growing concerns both in Australia and globally regarding greenwashing by businesses across a range of sectors, including the making of vague, false or misleading […]
ReadmoreMcEwan v Merrin (Magistrate) & Ors [2023] QSC 6 is a judgment by Brown J in the Supreme Court of Queensland where the matter for decision was whether leave should be given to issue a claim and statement of claim (together, the claim) under rule 15 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). […]
ReadmoreIn a recent case involving Savannah AG Research Pty Ltd (Savannah), the Federal Court of Australia considered an application for relief by Savannah’s majority shareholder under section 447A(1) or section 447C(2) Corporations Act 2001 (Cth) which alleged that the directors did not hold a genuine opinion Savannah was insolvent or likely to become insolvent and […]
ReadmoreIn Reel Action Sports Fishing Pty Ltd v Marine Engineering Consultants Pty Ltd, [1] the Court offered a timely warning to liquidators of the dangers of adopting and acting on an incorrect understanding of the ownership of contested property. The Court ordered damages against the liquidator personally, despite his position as agent for the company […]
ReadmoreFollowing on from the release of an Issues Paper in October 2020 and subsequent Discussion Paper in 2021, the Attorney-General’s Department published its Privacy Act Review Report on 16 February 2023. The result of an extensive review into the Privacy Act 1988 (Cth) (the Act), the Report gives consideration to whether or not the Act […]
ReadmoreOn 9 March 2023 the Victorian Civil and Administrative Tribunal (VCAT) has sought to settle a much contested area of law in respect to the review of a valuation of land in the preliminary decision in S & JG Investments Pty Ltd v Valuer-General Victoria (Land Valuation) [2023] VCAT 246 (S & JG Investments). In […]
ReadmoreThis month’s edition of the Corruption and Integrity Update considers the latest report on the implementation of recommendations arising from the Commission of Inquiry into the Crime and Corruption Commission, the review of the QCAT Act, an appeal on the basis of the Queensland DNA Inquiry, an application for a permanent stay of corruption proceedings, […]
ReadmoreThe Australian Competition and Consumer Commission (ACCC) has completed its anticipated internet sweep following clear messaging last year that the regulator would crackdown on misleading environmental claims. More than half of the businesses that were subject to the ACCC’s internet sweep in October 2022 were considered to have made concerning misleading claims about their environmental […]
ReadmoreLast week, the Australian Securities and Investments Commission (ASIC) commenced civil penalty proceedings for alleged greenwashing against Mercer Superannuation (Australia) Limited (Mercer). This is in addition to ASIC having issued penalty notices to at least four companies for alleged greenwashing, since October 2022. Last year, ASIC identified investigating greenwashing and taking enforcement action where greenwashing […]
ReadmoreThis month’s Queensland Corruption and Integrity Update provides an overview of the recent Parliamentary Crime and Corruption Committee meetings and associated public reports, details findings of misconduct against a Toowoomba Regional Council Councillor, discusses the official corruption charges against Brisbane barrister Salvatore ‘Sam’ Di Carlo and highlights developments arising from the review of the Public […]
ReadmoreThe recent Employsure decision makes it very clear that penalties for breaches of the Australian Consumer Law (ACL), particularly where those breaches occur online, cannot be considered a ‘cost of doing business’ by companies assessing risks around particular conduct or the adequacy of their compliance program. The Full Federal Court, on an appeal brought by […]
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