ArticleRaising the bar - new financial requirements for responsible entitiesASIC releases details of new financial requirements for responsible entities of registered managed investment schemes.AustraliaFinance and BankingAddisons
ArticleDirect Selling/Multi-Level Marketing Australian Consumer LawOn 18 November 2010, the Australian Government released the Trade Practices (Australian Consumer Law) Amendment Regulations 2010 (No. 1) (ACL Regulations). This forms part of the legal regime applying to the direct selling industry that will be implemented under the Australian Consumer Law (ACL). This comes into effect on various dates on and after 1 January 2011.AustraliaConsumer ProtectionAddisons
ArticleNational Consumer Credit Protection Act receives Royal AssentOverview of National Consumer Credit Protection Act 2009 (Cth) following royal assent - reform of Australia’s consumer credit laws following the agreement reached in 2008 by Council of Australian Governments that Commonwealth should have responsibility for regulating consumer credit industry.AustraliaConsumer ProtectionAddisons
ArticleConvergence Review: Delivering Single Platform Simplicity or Simply More Regulation Under a Different Name? - Summary of the Final Report of the Convergence Review CommitteeOn 30 April 2012, The Australian Government publicly released the Final Report of the Convergence Review.AustraliaMedia, Telecoms, IT, EntertainmentAddisons
Article"Material Breach" in contractsThis is one of a series of articles reviewing the judicial interpretation of words and phrases often used in contracts.AustraliaCorporate/Commercial LawAddisons
ArticleShadow Equity - The Darker Side of Insider TradingA look at the insider trading prohibition in section 1043A of the Corporations Act in the context of derivatives and proposed ASX listing rule amendments to company trading policiesAustraliaFinance and BankingAddisons
ArticleDBCDE Inquiry into Interactive Gambling Act – Interim Report Released – What Does it Mean for Online Gaming in Australia?The recommendations of the Interim Report have potentially significant implications for the online gambling sector.AustraliaMedia, Telecoms, IT, EntertainmentAddisons
ArticleProposed Changes to the Regulation of Executive Remuneration - Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Bill 2011Following the global financial downturn and community concern about excessive executive remuneration, in March 2009 the Australian Government (Labor) (Government) asked the Productivity Commission (Commission) to undertake a review of the Australian executive remuneration legal framework in respect of listed companies. AustraliaCorporate/Commercial LawAddisons
ArticleRoyal Invasions: A Forum to Consider Australia’s Laws Relating to Breaches of PrivacyTwo recent incidents involving the Duchess of Cambridge have cast a spotlight on privacy rights, including in Australia.AustraliaPrivacyAddisons
ArticleSection 89A Evidence Act 1995 (NSW) and Examinations by Commonwealth AgenciesThe Evidence Amendment (Evidence of Silence) Act 2013 (NSW) amended the Evidence Act 1995 (NSW) by adding a new section 89A.AustraliaCriminal LawAddisons
ArticleAdvertising Standards Board determinations – using sexual content and avoiding discrimination in advertisingThe article explores recent ASB determinations about advertisements in the context of sexual content and discrimination.AustraliaMedia, Telecoms, IT, EntertainmentAddisons
ArticleSmoking Ban In NSW – What Does It Mean In Respect Of Outdoor Areas For Pubs, Clubs And Other Gambling Venues?ClubsNSW commenced proceedings in the NSW Supreme Court in a bid to obtain certainty on whether the outdoor area of a club was an area where club patrons could smoke legally.AustraliaEmployment and HRAddisons
ArticleDBCDE reviews the IGA: Will the Federal Government Change the Law on Online Gaming?The Federal Government released an extensive discussion paper to its announced review of the Interactive Gambling Act.AustraliaMedia, Telecoms, IT, EntertainmentAddisons
ArticleThe Statutory ContractThis article considers and reviews court approaches to the interpretation and enforcement of the statutory contract.AustraliaCorporate/Commercial LawAddisons
ArticleAustralia - Direct Selling Companies & Consumer Goods Suppliers - Liability for Content posted by Customers on Social Media - Federal Court - Publication - Contempt - Breach of Undertakings - Penalties - Corrective AdvertisingA very significant decision of the Federal Court of Australia in February 2011 has implications for all businesses (including direct selling organisations and other consumer goods suppliers) using social media. Statements posted on a company's Facebook "fan" and Twitter pages by third parties were held to be publications by the company. As a result, the company was found to be in contempt because the publications had breached undertakings previously provided to the Federal Court to not engage inAustraliaMedia, Telecoms, IT, EntertainmentAddisons
ArticleWhat is NCAT? - New South Wales Civil and Administrative Tribunal - the new super-tribunal for NSWFrom 2014, NCAT will consolidate and replace 23 NSW tribunals, including the Consumer Trader and Tenancy Tribunal (CTTT).AustraliaGovernment, Public SectorAddisons
ArticleAustralian Competition Regulator Comments On New Predatory Pricing Prohibition: Trade Practices Act 1974 (s 461AA)With effect from 25 September 2007 the Australian Trade Practices Act was amended, among other matters, to include, in the context of the prohibition on misuse of market power, a specific provision prohibiting predatory pricing. AustraliaAntitrust/Competition LawAddisons
ArticleYou'll (Still) Feel Better on Swisse (Unless and Until the Complaints Resolution Panel Says Otherwise) - Health and Food Products – To What Extent Are Puffery and Claims About Health Benefits Permitted in Australian Advertisements?Tracey J of the Federal Court has delivered his judgment in Swisse Vitamins Pty Ltd v Complaints Resolution Panel.AustraliaFood, Drugs, Healthcare, Life SciencesAddisons
ArticleConducting Business in Australia: Regulatory BodiesThis article summarises the principal regulatory bodies with whom businesses in Australia come into contact regularly.AustraliaGovernment, Public SectorAddisons
ArticleAustralian Trade Marks - Important Reforms in Australian Trade Mark Law Come into Force on 15 April 2013 - The Intellectual Property Laws Amendment (Raising the Bar) Act 2012The Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (the Act) comes into force on 15 April 2013.AustraliaIntellectual PropertyAddisons