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This edition covers the Federal Government’s proposed prohibition on unfair trading practices, including new rules targeting subscription traps, drip pricing and hidden fees, as well as the next phase of unfair contract terms reform and the signals for further regulatory expansion. We also examine the new mandatory merger notification regime now in effect and provide practical guidance on the Personal Property Securities Register.

Further, our team explores recent changes to Commonwealth Procurement Rules and what they mean for foreign-owned companies, the regulatory frameworks governing influencer marketing in Australia, and obligations under the Online Safety Act for businesses operating online. We analyse the landmark Bunnings facial recognition decision and the evolving privacy expectations for retailers deploying these emerging technologies, the High Court’s decision in the Katie Perry trade mark dispute, and the rising challenge of customer driven violence as a legal and work health and safety imperative.

Partner Breanna Davies and the Gadens team have prepared this edition to help your organisation stay informed and ahead of the curve in an increasingly regulated consumer environment.

A defining feature of the consumer and retail landscape in early 2026 is uncertainty. Ongoing cost of living pressures, volatile input costs and shifting consumer behaviour have made demand harder to predict and pricing decisions more sensitive than ever. Consumers remain engaged, but increasingly value conscious, placing greater weight on transparency, trust and fair treatment. This heightened scrutiny aligns closely with regulators’ focus on fairness based reforms and enforcement, many of which are explored in this edition.

Breanna Davies

Partner