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Consumer Express | October 2025 Edition

In the October 2025 edition of Consumer Express, we explore the latest legal and regulatory developments impacting the consumer sector, with a focus on the emerging trends and challenges our clients are navigating. This edition covers the continued growth in online retail spending, driven by the rise of mobile-first shopping experiences, as well as the […]

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New AML/CTF obligations for real estate businesses from 1 July 2026 – It’s time to start getting ready

From 1 July 2026, Australian real estate agents and property developers that sell property directly to customers without an agent will be subject to numerous anti-money laundering/counter-terrorism financing (AML/CTF) obligations as new ‘Tranche 2’ reporting entities under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, following legislative reform passed in late 2024 (Reforms). The Reforms […]

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Finder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture

On 24 July 2025, the Full Federal Court dismissed ASIC’s appeal against Finder Wallet Pty Ltd (Finder Wallet) and ordered it to pay costs.[1] The Court held that the primary judge made no error in concluding that the ‘Finder Earn’ product did not amount to a ‘debenture’ within the meaning of s 9 of the […]

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Corruption and Integrity Update – July 2025

In this edition of the Queensland Corruption and Integrity Update we consider various updates related to the Crime and Corruption Commission (CCC), developments from the Councillor Conduct Tribunal (CCT), relevant updates arising from the 2025-26 Queensland Budget, and an update from the Electoral Commission Queensland (ECQ) about the 2024 State general election. We also consider […]

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Is your business ready for Australia’s new AML/CTF reforms?

Australia’s anti-money laundering and counter-terrorism financing (AML/CTF) regime is undergoing major reforms to bring it in-line with international standards set by global financial crime watchdog, the Financial Action Task Force. New and reframed obligations will commence from 31 March 2026 for existing Reporting Entities (REs), and from 1 July 2026 numerous businesses operating in industries […]

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Full Federal Court decision in BPS Financial litigation – More questions than answers for AFS licensees and authorised representatives?

In the latest development in ASIC’s litigation against digital asset business BPS Financial Ltd (BPS), on 30 May 2025 the Full Federal Court has allowed ASIC’s appeal against the primary judge’s decision that BPS was entitled to rely on the widely utilised ‘authorised representative’ exemption (AR Exemption) in section 911A(2)(a)(i) of the Corporations Act for […]

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Gadens Regulatory Recap – 24 September 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, and ACCC including various enforcement actions taken by the regulators. ASIC ASIC calls on product issuers to review distribution practices for DDO compliance: ASIC is urging product issuers to improve their distribution practices following a review that found significant issues with how […]

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Gadens Regulatory Recap – 4 September 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, ACCC, OAIC, Treasury, and the Federal Parliament including various enforcement actions taken by the regulators.  ASIC   ASIC continues extensive action against greenwashing  ASIC has made 47 regulatory interventions in relation to greenwashing misconduct, including commencing two Federal Court proceedings and issuing over […]

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Gadens Regulatory Recap – 21 August 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators. ASIC  Financial advice update: The Financial Advice Update, published by ASIC on 9 August 2024, highlights key regulatory developments affecting Australian financial services (AFS) licensees and financial advisers. The update […]

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Gadens Regulatory Recap – 8 August 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators. ASIC ASIC’s first greenwashing case results in landmark $11.3 million penalty for Mercer The Federal Court has ordered Mercer Superannuation (Australia) Limited (Mercer) to pay $11.3 million in penalties in […]

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Gadens Regulatory Recap – 29 July 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, OAIC, ACCC, and Treasury including various enforcement actions taken by the regulators.  ASIC  ASIC and OAIC share Memorandum of Understanding on information sharing to accelerate data and privacy breach responses: ASIC and the OAIC have agreed to and entered a Memorandum of […]

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Gadens Regulatory Recap – 11 July 2024

This edition of the Gadens Regulatory Recap highlights recent developments from ASIC, APRA, AFCA, ACCC, Treasury, and legislative updates, including various enforcement actions taken by the regulators. ASIC AFS licensees required to notify ASIC about ‘experienced provider pathway’ declaration From 1 July 2024, AFS licensees must notify ASIC within 30 business days if they receive […]

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