FMCG Express | September 2023 Edition
In this edition of FMCG Express we consider the practicalities of implementing UCT regime required changes, recent ACCC enforcement activity and consider what risks ‘greenwashing’ can pose for our clients. We also touch on employer obligations regarding psychosocial safety and hazards, the Retail Award and other legislative changes. Partner Breanna Davies and the Gadens team […]
ReadmoreThe decision is clear – the AAT confirms that the Privacy Act applies to Clearview AI’s conduct
As briefly noted in our Gadens Regulatory Recap on 30 May 2023, the Administrative Appeals Tribunal (AAT) has recently handed down its decision regarding the conduct of Clearview AI Inc (Clearview AI), confirming the applicability of the Privacy Act 1988 (Cth) (Privacy Act) to the conduct of entities overseas, and recent amendments to the Privacy […]
ReadmorePrivacy Act Reforms – will individuals’ rights impact your business?
It has only been three months since the Attorney General’s Office released its report (Report) on the proposed amendments to the Privacy Act 1988 (Cth) (Privacy Act). The Report made 116 recommendations for reform. The recommended reforms are extensive and will, if implemented, have a substantial effect on how businesses regulated under the Privacy Act […]
ReadmoreFutureproofing Australia’s Payment System: Unveiling the Government’s Strategic Plan
The Australian Government has released its Strategic Plan for Australia’s Payments System (Strategic Plan). The Strategic Plan follows on from the Treasury’s Consultation Paper released in December 2022 and outlines a raft of proposed legislative and policy changes to the current payments system regulatory framework. The foreshadowed changes are significant and far-reaching and are aimed […]
ReadmoreDigital Tools and Medical Devices used for mental health – is yours a regulated medical device?
The Therapeutic Goods Administration (TGA) recently released guidance on digital tools and medical devices for the mental health sector (Guide).[1] The Guide aims to clarify whether software-based medical devices, products, services and tools used in the mental health sector (collectively, digital mental health products) are regulated by the TGA. Prior to the Guide, information about […]
ReadmoreSenate to shine spotlight on concerning greenwashing behaviour
On 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 […]
ReadmoreThe High Court considers implied terms in informal contracts
The High Court of Australia recently handed down its judgment in the matter of Realestate.com.au Pty Ltd v Hardingham, RP Data Pty Limited v Hardingham [2022] HCA 39, which revisited the law around implied terms in informal contracts. Background Mr Hardingham is a professional photographer and sole director of Real Estate Marketing Australia Pty Ltd (REMA) (together, […]
ReadmoreFMCG Express | March 2023 Edition
The latest edition of FMCG Express goes straight to the heart of legal issues affecting corporate Australia in 2023; reforms to unfair contracts legislation; changes to the Fair Work Act; privacy law amendments; and cyber and data security. Partner Breanna Davies and the Gadens team of contributors are at the forefront of the analysis of […]
ReadmoreACCC internet sweep uncovers concerning environmental and sustainability claims
The 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 […]
ReadmoreRegulatory action for greenwashing is upon us
Last 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 […]
ReadmoreHigher Education Research Commercialisation Intellectual Property Framework – a tool to increase collaboration and partnerships between industry and universities
Most Australians are aware of the strength and quality of our nation’s research sector, particularly in fields such as life sciences and medical research. Never has this been more evident that during the COVID-19 pandemic, when Australians could, quite rightly, be proud of the role that Australians researchers played in the global efforts to develop […]
Readmore‘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 […]
Readmore
