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ASIC commences first greenwashing proceedings
In a sign of things to come, the Australian Securities and Investments Commission (ASIC) has commenced its first proceedings in respect of alleged greenwashing conduct.
Privacy Act reform | significant changes now in effect
The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Bill) has recently been passed by both houses of Parliament and is now awaiting royal assent.
Rights and obligations of parties in a franchise
The ACCC has published guidance to help franchise parties navigate the operational and financial challenges posed by the COVID-19 pandemic.
ACCC announces enforcement priorities for 2019
At his annual CEDA address on 26 February 2019, ACCC Chair Rod Sims launched the 2019 Compliance and Enforcement Policy announcing the ACCC's key focus areas for the year.
Massive Fines for European Privacy Breaches
You may have read about the UK Information Commissioner's Office (ICO) proposal to fine British Airways £183.39M (AU$320M) for infringements of the European General Data Protection Regulation (GDPR).
Risk management program PSO switched on
The risk management program positive security obligation (PSO) under Part 2A of the SOCI Act was recently 'switched on', leading to new obligations for responsible entities of 13 asset classes.
ACCC compliance and enforcement priorities 2023-24
In its 2023-24 compliance and enforcement priorities, the ACCC is placing an increased focus on areas that have been acutely impacted by the current pressures to the Australian economy, consumers and business.
ACCC commences action against Meta for publishing scam crypto advertisements
Facebook owner Meta Platforms Inc and Meta Platforms Ireland Limited (together, Meta) again face regulatory scrutiny for allegedly contravening Australian laws.
Enhanced unfair contract term obligations imminent
Australia's enhanced 'unfair contract terms' laws come into effect on 9 November 2023, covering a broader class of existing and future contractual arrangements than ever before. The reforms have important implications for organisations of all sizes, and include significant civil penalties for non-compliance.
Enhanced government powers enacted to protect critical infrastructure
In December 2021, the Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) came into effect. This amending Act provides the Australian Government with 'last resort' powers to respond to a serious cyber security incident relating to critical infrastructure assets in critical infrastructure sectors.
The rise and demise of zombie agreements
Pre-reform workplace agreements (or 'zombie' agreements as they are otherwise known) are a relic of a time long since passed. A zombie agreement is an industrial instrument between an employer and its employees entered into before the commencement of the Fair Work Act 2009 (Cth) (Fair Work Act).
What can Boards do to avoid regulatory action for alleged cyber security failures?
A robust cyber security framework is critical for any Australian Financial Services licence (AFSL) holder and their individual or corporate authorised representatives (ARs).
Need a lift? ACCC carpooling manufacturers to court (and there are plenty of spare seats)
In November 2021, the Federal Court found Mazda made 49 false or misleading representations to nine customers who had experienced significant faults with their recently purchased Mazda vehicles.
New mandatory wording requirements for warranties against defects
Businesses that supply customers with services (or goods and services together) that come with warranties against defects need to be aware of the recent amendments to the Competition and Consumer Regulations 2010 (Cth). From 9 June 2019, these businesses must include mandatory wording in their warranty documents.
Have you checked your "socials"? Social media in the mix as ASIC issues infringement notice for greenwashing
Demonstrating its continued focus on greenwashing, ASIC has issued an infringement notice a superannuation fund alleging it engaged in greenwashing practices.
Current mandatory breach reporting requirements in practice
On 1 October 2021, amendments to the Corporations Act 2001 and National Consumer Credit Protection Act 2009, made in response to the Final Report from the Banking and Finance Royal Commission, came into effect.
New Meetings and Documents Act rules welcomed by businesses
In a step that goes a long way to modernising meetings for companies and registered schemes, the Commonwealth Parliament has passed the Corporations Amendment (Meetings and Documents) Act 2022 (Cth) (Meetings and Documents Act) to enable hybrid and virtual meetings and the sending of meeting-related documents electronically.
High Court delivers a win to credit managers on unfair preference claims
The High Court of Australia has provided some useful guidance that will assist credit managers in navigating their roles and in dealing with liquidators demanding repayment of alleged unfair preferences.
Retailers beware - ban on excessive card payment surcharges
From 1 September 2017, a ban on excessive card payment surcharges will apply to all Australian businesses. The ban has applied to large businesses since 1 September 2016, but will now extend to all other businesses that are based in Australia or use an Australian bank. In this article we outline what is meant by excessive payment surcharges and how this new ban will be enforced.
The consumer data right regime is here - what do you need to know?
In an effort to improve consumers’ ability to compare and switch between products and services, and to drive competitiveness and innovation between service providers, a new consumer data right (CDR) has been introduced.
Artificial intelligence regulation under the watchful eye of Digital Platform Regulators' Forum
The Digital Platform Regulators' Forum has prepared a joint submission to government acknowledging the potential for artificial intelligence to enhance Australia's digital economy but also to compromise consumer protection, competition, privacy and online safety, as well as the work of Australia's regulatory bodies.
Cyber security: Protecting critical infrastructure
It is estimated that one quarter of all reported cyber security incidents affect organisations associated with Australia's critical infrastructure – that is, things like electricity, gas, water and ports – with significant impacts to businesses and the community.
Privacy Act in review
After two years of extensive consideration and consultation, the Commonwealth Attorney-General's Department released its much-anticipated report on the Privacy Act 1988 (Cth), published 16 February 2023.
Legal innovator and strategist Sarah Fregon joins Lander & Rogers partnership
Lander & Rogers this week announced appointment of respected industry figure Sarah Fregon to support the firm's growth into the public sector.
Victoria health services: Key changes to the governance of quality and safety
On 1 March 2022 the Health Legislation Amendment (Quality and Safety) Act 2022 (Vic) received royal assent.
Victorian landowner obligations overhauled in new environmental legislation
Effective from 1 July 2021, businesses that operate in Victoria will be subject to tougher environmental standards under the state's new Environment Protection Amendment Act (2018) (EPAA).
Modern slavery statements: Best practice, risk assessment and your questions answered
The Australian government requires certain entities to publish annual statements on a public online register, setting out the risk of modern slavery they have identified in their supply chain and operations.
Cyber security: The cost of the human factor
The rate of technology adoption in business continues to grow. With more of our systems and information online than ever before, it would be reasonable to assume that there's an exponentially higher risk of cyber attack.
Scene set for the Aged Care Quality and Safety Royal Commission - How to be prepared
On 9 October 2018, Prime Minister Scott Morrison, Minister for Health, Greg Hunt, and Minister for Senior Australians and Aged Care, Ken Wyatt, confirmed that the Royal Commission into Aged Care Quality and Safety has been formally established by the Governor General.
Data strategy and directors' duties: key considerations for boards
While there is growing appreciation of the need to consider privacy and the risks associated with collecting and using personal information, data strategies often fail to consider an organisation's broader legal obligations, which play a vital role in effective data strategy design and execution.
ACCC's first half of 2019 in review
It has been a busy year so far for the ACCC, with a large number of proceedings filed, merger clearance decisions made, and judgments handed down by the Court on competition and consumer law actions.
Directors facing personal liability for company GST liabilities; a summary of proposed reforms to Corporations and Tax Laws
As part of its 2018-19 Budget, the Federal Government proposes to battle illegal phoenix activity through reforms to the corporations and tax laws. Part of the Government's proposals may also improve its collection of companies' GST liabilities via directors potentially becoming personally liable to pay their companies' GST liabilities.
Lander & Rogers advises venture capital firm AirTree in funding leading ESG platform
Lander & Rogers has advised venture capital firm AirTree Ventures in a AUD6.3m series A capital raise to fund leading-edge ESG software-as-a-service platform FairSupply.
Booktopia fined $6 million for misleading consumer guarantees
On 10 March 2023, the Federal Court ordered Australian online book retailer Booktopia to pay $6 million in penalties for making false or misleading representations on its website and in dealings with customers about consumer guarantees, in breach of the Australian Consumer Law.
Google fined $60 million for misleading data practices
The Federal Court has ordered Google to pay $60 million in penalties for making misleading representations to consumers about the collection and use of their personal location data on Android phones.
TerraLex Cross-Border Copyright Guide 2019
Intellectual Property and Technology Partner Robert Neely and Corporate Lawyer Edward Lyons wrote the Australian section of the 2019 edition of the TerraLex Cross-border Copyright Guide. TerraLex is one of the top elite global networks of independent law firms, of which Lander & Rogers is the exclusive member for Australia. The network comprises 155 leading law firms employing more than 19,000 lawyers in 100 countries. In addition to information about Australia's copyright laws, this section outlines areas of copyright reform including: the expansion of flexible exceptions to copyright infringement, exceptions to be protected from 'contracting out', and reform to the access of works where the copyright owner cannot be identified or located.
Update: SafeWork NSW introduces code of practice on managing psychosocial risks at work
SafeWork NSW recently introduced a code of practice on managing psychosocial hazards at work, the first such health and safety code of practice in Australia.
Changes to laws concerning chain of responsibility for heavy vehicles
In mid-2018, the Heavy Vehicle National Law (HVNL), which establishes a single national system of laws for heavy vehicles over 4.5 tonnes and applies in all states and territories in Australia (except Western Australia and the Northern Territory), will be amended.
Living in Digital Harmony: Immutable Blockchains and the Right to be Forgotten
The Australian Competition and Consumer Commission (ACCC) has recommended reforms to Australia's privacy legislative framework which include the introduction of an erasure right, analogous to the GDPR's 'right to be forgotten'.
Important Corporations Act changes allow for virtual meetings and electronic execution
The Corporations (Coronavirus Economic Response) Determination (No. 1) 2020 (Determination) came into effect on 6 May 2020. The temporary changes, in force until 6 November 2020, are designed to overcome the impact of COVID-19 by allowing virtual AGMs and electronic execution.
No gear change: High bar to prove unconscionable conduct reinforced in ACCC v Mazda appeal
The Federal Court has confirmed the high bar for proving unconscionable conduct, dismissing an appeal by the ACCC to overturn the trial judge's finding that Mazda did not act unconscionably towards its customers.
Lander & Rogers welcomes Philip Aitken as a Competition Law Partner in its Corporate team
Leading national law firm Lander & Rogers has appointed Philip Aitken as a Competition Law Partner in its Corporate team. Philip will be based in Melbourne and will commence with the firm on Monday 10 November 2025.
Critical Infrastructure Protection Act 2022 explained
The recent amendments to the SOCI Act send a clear message to responsible entities of critical infrastructure assets that risk management (including cybersecurity risk management) must be prioritised and form part of the entity's core business activity.
'Doing Business in Australia': Lessons Learned from Facebook Inc v Australian Information Commissioner
Facebook continues to face regulatory scrutiny from the Australian Information Commissioner, which has successfully sought leave to serve legal proceedings on the social media giant.
ACCC takes a co-operative approach to interim authorisations in response to COVID-19 crisis
In response to the COVID-19 crisis, the ACCC has announced that it is 'highly conscious' of the impact of COVID-19 on Australian consumers and businesses, and has made a substantial number of interim authorisations, permitting what may otherwise be cartel conduct between competitors.
Blowing the whistle - is your policy up to date?
Effective 1 July 2019, new whistleblower laws introduced by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Act) will create an extended set of protections for whistleblowers who make disclosures after that date.[1]
Insurance Sector Review: What's happening and what's to come in 2018
2017 saw a change in the Australian insurance landscape - from overseas investors snapping up local insurance businesses, to an increase in regulation and technology advances improving how claims are being handled. In this short video our partners Mark Lindfield and Sybilla Waring-Lambert share their views on: the key investment trends we are seeing in the sector, key trends impacting the insurance industry in 2018, the growth in the Australian insurance claims market, and how technology is impacting claims handling
Lander & Rogers advises leading pet care manufacturer FibreCycle on dual acquisition
Leading law firm Lander & Rogers has advised FibreCycle Pty Ltd, a US-owned Australian-based manufacturer of premium pet care products, on the simultaneous acquisition of local pet brands Our Bird Pty Ltd and Lovitts Group Pty Ltd.
Mergers and acquisitions reforms
The Australian Parliament has now passed the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024. Further to our previous legal insight article, this introduces a mandatory notification administrative model for merger reviews in place of the current voluntary and primarily informal and judicially enforced regime. The M&A reforms will take full effect on 1 January 2026 with transitional arrangements beginning on 1 July 2025.
New mandatory data breach notification requirements: what makes an "eligible breach" and what you should do if your business is bound by the Privacy Act 1988
Under the new requirements, entities that are bound by the Privacy Act 1988 (known as 'APP entities') are obliged to notify the Privacy Commissioner and affected customers of any 'eligible data breach' as soon as practicable after becoming aware of the occurrence. Where an APP entity merely suspects that its data has been breached, it will have 30 days to conduct an investigation before it must report. In this eBulletin we look at what makes an 'eligible breach' and what you should do if your business is bound by the Privacy Act 1988.