Significant increases to Competition and Consumer Law penalties proposed
Last Friday afternoon, Treasury released exposure draft legislation proposing significant increases to the maximum penalties that apply to various contraventions of the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) by companies and individuals. Interested parties will have to be quick with any comments on the proposed changes, because public consultation […]
ReadmoreDid Google get off lightly? ACCC v Google and ACL penalty regime changes
The Federal Court has handed down its penalty decision in Australian Competition and Consumer Commission v Google LLC (No 4) [2022] FCA 942 (ACCC v Google)[1], confirming its landmark findings against the tech giant from late last year[2]. Google LLC (Google US), the parent company of Google Australia Pty Ltd (Google Australia), was ordered to […]
ReadmoreA change in Government may put the brakes on Australia’s support of AI and ADM? Or perhaps not?
The recent change to Australia’s Government will likely see a raft of changes. Of particular interest is whether and to what extent the new Labor Government will embrace artificial intelligence (or AI) and automated decision making (or ADM). You will recall the release of the former Coalition government’s Digital Economy Strategy (Strategy) in Budget 2021-2022. […]
ReadmoreHow can insurance providers stay ahead of the implementation of CDR in 2022?
Consumer Data Right presents new legal risks and challenges for insurers. Consumer Data Right (CDR) gives a consumer more control over their information, enabling them to access and share their data with accredited third parties to obtain better deals on everyday products and services. The Australian Government sees the CDR as central to driving competition […]
ReadmoreService by crypto – a new use case for NFTs!
In Australia, service of legal documents needs to be effected through the Courts’ relevant civil procedure rules. Often this is personally (in the case of individuals) or at a company’s registered office (under 109X of the Corporations Act 2001 (Cth)). By order of the Court, however, service can be effected by other means – for […]
ReadmoreFull Court of the Federal Court of Australia dismisses DABUS – An AI system cannot be an Inventor
In July 2021, Justice Beach of the Federal Court, determined in the historic decision of Thaler v Commissioner of Patents [2021] FCA 879 that an AI system could be named as the inventor on a patent application. The decision was the first judicial determination in the world to say ‘yes’ to AI inventors. However, in […]
ReadmoreFederal Court finds RI Advice failed to adequately manage cybersecurity risks
In the landmark decision of Australian Securities and Investments Commission v RI Advice Group Pty Ltd (RI Advice) [2022] FCA 496, the Federal Court found that Australian Financial Services licensee, RI Advice, breached its license obligations to act efficiently and fairly when it failed to have adequate risk management systems to manage its cybersecurity risks. […]
ReadmoreFMCG 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 […]
ReadmoreElectronic execution and modernised meetings under the Corporations Act – here to stay (finally)
With little fanfare, the highly anticipated Corporations Amendment (Meetings and Documents) Bill 2021 (Bill) was passed by both Houses of Parliament in the final sessions of Parliament before the coming Federal Election. The Bill amends the Corporations Act 2001 (Cth) (Corporations Act) and establishes a permanent mechanism to allow companies and registered schemes to hold hybrid (in person […]
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, […]
ReadmoreOnline Privacy Bill – Privacy reforms for the social media age
The Attorney-General’s Department has released the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill (Online Privacy Bill). The Online Privacy Bill sets out amendments to the Privacy Act 1988 (Cth) (Privacy Act) to introduce a framework for the development and enforcement of a binding online privacy code (OP Code). […]
ReadmoreBuy Now Pay Later – A changing regulatory landscape
The Buy Now Pay Later (BNPL) industry has been making a lot of noise in recent times, attracting the attention of shareholders, regulators and consumer advocates alike. The industry has nevertheless remained largely unregulated to date, due in part to the proactive measures taken by BNPL providers to self-regulate under the Buy Now Pay Later […]
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