Trade promotions myth busting – do you need approval for your draw system?
Trade promotions myth busting – do you need approval for your draw system? The winners of many ‘game of chance’ trade promotions are determined by electronic random draw. There is some confusion in the marketplace about the need to get your electronic draw system approved by state and territory trade promotions regulators. Until relatively recently, […]
ReadmoreEmployers, brace for changes to the Privacy Act’s employee record exemption
With everything and everyone moving online, going paperless and adopting flexible work practices, it’s no wonder employers are collecting more and more personal information, including sensitive personal information, from their employees. The employee record exemption At present, an organisation acting in its capacity as the employer (or former employer) of an individual in relation to […]
ReadmoreOur Top 10 Unfair Contract Terms (infographic)
From 10 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 has received the Royal Assent. Whereas unfair contract terms can presently be rendered void and unenforceable, the use of unfair contract terms […]
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 […]
ReadmoreFMCG Express | September 2022 Edition
In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]
ReadmoreTrade Promotions update | Games of Chance: July 2022 Permit Fees
The regulators have increased their Trade Promotion permit application fees, effective 1 July. Click below to read the full update. If you found this insight article useful and you would like to subscribe to Gadens’ updates, click here. Authored by: David Smith, Partner Sonja Muzoska, Paralegal Jade Lamb, Paralegal Dani Fletcher, Paralegal
ReadmoreUK Data Reform Bill – What does ‘UK GDPR’ mean for Australian businesses?
The UK Government’s response to the post-Brexit ‘UK GDPR’ reforms was issued on Friday last as part of London Tech Week. It was met with mixed reaction, locally and globally. But what does the reform of the UK’s data protection laws mean for global and Australian organisations doing business in the UK? How great of […]
ReadmoreFMCG Express | March 2022 Edition
Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]
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