Electricity regulatory framework under further review – changes ahead for both embedded networks and stand-alone power systems

The Australian Energy Markets Commission has recently announced two separate reviews – one into the regulation of embedded networks and the other into stand-alone power systems. With the national electricity framework having been founded on a centralised electricity supply model, the explosive growth of both embedded networks and large-scale localised generation options has presented challenges […]

Readmore

Malicious or criminal attacks the main cause of notifiable data breaches

The number of reported data breaches in Australia significantly increased in the period of 1 April to 30 June 2018, according to the second report on the Notifiable Data Breaches scheme by the Office of the Australian Information Commissioner (OAIC).  The scheme, which commenced on 22 February 2018, requires private sector and federal government entities […]

Readmore

Privacy Compliance Checklist

Privacy Awareness Week starts on 13 May 2018.  To celebrate, Gadens shares its tips on what to include in your privacy compliance program. Click here to view full size image    

Readmore

A “Sandwich” Short of a Picnic

The Trade Marks Office’s recent decision to register the sandwich inventor’s name as a trade mark has given rise to the age old question of whether “a rose by any other name would smell as sweet”… or in this case a sandwich. The Applicant, who runs an independent café in [southern] NSW, sought registration of […]

Readmore

Franchisors may be able to avoid liability for franchisees’ conduct under the Estate Agents Act

Franchisors’ joint and several liability for the negligence and defalcations of their franchisee estate agents has been cast into doubt by a recent decision of the Supreme Court of Victoria. In Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd1 , the court narrowly read the definition of “franchising agreement” […]

Readmore

Franchisors exposed for franchisee failures with passage of Fair Work Amendment (Protecting Vulnerable Workers) Act 2017

Further to our update, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Act) has been passed by the Australian Parliament after modification by the Senate. The Act became law on 15 September 2017. Franchisors will come under the new regime from 27 October 2017. Introduced following revelations of franchisees breaching their obligations as employers, […]

Readmore

Government position on regulation of Victorian embedded networks set – draft General Exemption Order now available for comment

The next milestone in the review of the regulation of Victorian embedded networks was reached last month when the Department of Environment, Land Water and Planning (DELWP) released its final position paper on the Victorian electricity licence exemptions framework (the Position Paper) including a draft revised General Exemption Order (GEO). Following on from changes made […]

Readmore

Court of Appeal clarifies “franchising” under the Estate Agents Act

As anticipated in our previous update, the Supreme Court’s decision in Secretary to the Department of Justice & Regulation v Century 21 Australia Pty Ltd, affecting franchisors’ liability under the Estate Agents Act 1980 (the Act) was appealed by the government. Success in that appeal means the concept of “franchising agreement” for Victorian estate agents […]

Readmore

Woolworths prevails in test of ACCC enforceable undertaking

In Woolworths Limited v About Life Pty Ltd [2017] NSWSC 1117, Woolworths tested the scope of the enforceable undertakings it, and a number of other supermarket operators, gave to the ACCC not to include, or give effect to, restrictive provisions in supermarket lease agreements. Woolworths ultimately prevailed in this case.  The decision is useful for […]

Readmore

Amendments to Fair Work Act to create new compliance issues for the franchising sector

Following a number of recent high profile cases involving franchisees breaching their obligations as employers, the Government introduced the Fair Work (Protecting Vulnerable Workers) Bill 2017. The Bill proposes amendments to the Fair Work Act 2009 (Cth) to: introduce increasing civil penalty provisions of up to 600 penalty units ($108,000) for individuals or 3,000 penalty […]

Readmore

Copying Building Plans – Cost Savings…or Costly Mistake?

A recent Federal Court decision1 serves as a reminder that copying building plans can be an infringement of copyright, which may attract significant financial imposts on both the landowner and the builder. Background Mr and Mrs Mistry (Mistrys) and building designer, Henley Arch Pty Ltd (Henley) were in discussions to design and build the “Amalfi […]

Readmore

More regulatory changes on the way for embedded networks

In recent action by the Australian Energy Regulator, several shopping centres and retirement villages were issued with infringement notices for not selling electricity in a manner required by the National Energy Retail Law. This is a timely reminder for operators of embedded networks to familiarise themselves with their regulatory obligations and also to be aware […]

Readmore