Doing 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, […]
ReadmoreNew Mandatory Merger Control Regime Promises Balanced Reform
The Federal Government’s eagerly anticipated position on reforming Australia’s merger laws was released on 10 April, which it will seek to legislate with effect from 1 January 2026. Should the reforms be implemented as envisaged, we expect it to result in: greater certainty as to when notification to the Australian Competition and Consumer Commission (ACCC) is necessary; […]
ReadmoreClause requiring insured to notify ‘if anything changes’ not an unfair contract term
A recent Federal Court decision has provided clarity on a policy holder’s obligation to notify an insurer of changes in circumstances under a general insurance policy and, in turn, provided guidance on when such a contractual obligation will not be an unfair contract term (UCT). The decision highlights, when considering whether a term of a […]
ReadmoreFMCG Express | March 2024 Edition
In this edition of FMCG Express we consider the regulatory landscape of AI, what to do when you receive a (potentially) defamatory online review, recent Fair Work Act changes (particularly how these changes affect casual workers), and we consider specifics around ESG reporting. Partner Breanna Davies and the Gadens team have prepared this edition to […]
ReadmoreUnfair contract terms and your franchise agreement
As of 9 November 2023, changes to the unfair contract terms (UCT) regime have come into effect. Franchisors should be aware that unfair terms under the previous regime are void, while unfair terms under the new regime will be unlawful and significant penalties may apply (for companies, up to $50 million or even more). Unfair […]
ReadmoreFake news? – ACMA to receive new powers to hold digital platforms to account
The Australian Government has set its sights on combatting the growing trend of misinformation and disinformation on digital platforms, including social media channels, with the release of the draft Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (Draft Bill) last Sunday. If implemented as proposed, the Australian Communications and Media Authority (ACMA) would be […]
ReadmoreOur Top 10 Unfair Contract Terms (infographic)
From 9 November 2023 the Unfair Contract Terms regime will have real teeth and apply to more contracts. From then, large penalties can apply for use of unfair contract terms. The regime applies to consumer contracts and small business contracts. Standard form business contracts will generally be covered if one party has fewer than 100 […]
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 […]
ReadmoreGood news for consumers? New Digital Platform laws to combat fake reviews, scams and unfair practices proposed
Last Friday the Australian Competition & Consumer Commission (ACCC) released its 5th report of the Digital Platform Services Inquiry. The much anticipated report deals with the competition and consumer issues raised in the Digital Platform Services Inquiry, the Digital Advertising Services Inquiry (2020-2021) and the Digital Platform Inquiry (2017-2019). Digital platforms are online spaces for […]
ReadmoreIncreased competition and consumer law penalties now take effect
The maximum penalties for contraventions of competition law prohibitions in the Competition and Consumer Act 2010 (Cth) and offence and civil penalty provisions in the Australian Consumer Law have now markedly increased following the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) having received the Royal Assent. Of particular note, the maximum penalty for […]
ReadmoreDate set for ‘unfair contract terms’ to be rendered unlawful: Time to act
Businesses now have less than 12 months to cease using unfair contract terms in their standard form consumer contracts and small business contracts, now that the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) has received the Royal Assent. Whereas unfair contract terms can presently be rendered void and unenforceable, the use of unfair […]
ReadmoreUnfair contract terms – Commonwealth government driving major reforms
On 28 September 2022 the Commonwealth government introduced to Parliament a bill that will, if passed, make major changes to the unfair contract terms regime in Australia. The bill is called the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022. The unfair contract terms provisions in the Bill are virtually identical to the provisions […]
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