News

The online dating economy as a focus for regulatory action: ACCC v eHarmony Inc

This financial year the priorities of the Australian Competition and Consumer Commission (ACCC) include consumer and fair-trading issues relating to manipulative or deceptive advertising and marketing practices in the digital economy; and …

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Fair Work Act – Important Changes

In 2023, a number of amendments to the Fair Work Act contained in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and the Fair Work Legislation Amendment (Closing Loopholes) …

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What does the final Government response to the Quality of Advice Review mean for the financial services industry? Part 2

The Australian Government provided a final response to the Quality of Advice review on 7 December 2023 (Government Final Response), as part of the Delivering Better Financial Outcomes package to improve accessibility, …

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Class action waiver void as the High Court confirms the extraterritorial scope of the Australian Consumer Law in the Ruby Princess COVID-cruise case

The Ruby Princess will be remembered by many Australians with disdain as the floating petri dish that kicked off the spread of COVID-19 in Australia. The ship departed Sydney on 8 March …

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Time to Pay, Pal: The ‘Buy Now Pay Later’ sector to be regulated under the Credit Act

On 22 May 2023, the Federal Government announced tougher regulations for the Buy Now Pay Later (‘BNPL’) industry in an attempt to better protect consumers against financial abuse by the lending schemes. …

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Limitations on fixed term employment contracts under the Fair Work Act 2009: is your business prepared?

On 7 December 2023, amendments to the Fair Work Act 2009 (Cth) (FW Act) relating to the use of fixed term employment contracts will take effect. Those amendments will significantly limit the …

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Turbocharging the Commonwealth’s fiscal powers: High Court expands excise power to include taxes on the consumption of goods

On Wednesday 18 October, the High Court of Australia handed down its long-awaited decision in Vanderstock v State of Victoria [2023] HCA 30 (Vanderstock). By a 4:3 majority, the Court ruled that …

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Police officers’ duties of care at protests

In Cullen v State of New South Wales [2023] NSWSC 653, the Supreme Court of New South Wales awarded $800,000 to a bystander at a rally who suffered a significant head injury …

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ESG Litigation Series: More than simply a box-ticking exercise – the ESG litigation risk involved in the making of net-zero statements and targets

As companies rapidly transition en masse towards sustainability, the need to demonstrate environmental, social and governance (ESG) performance has led to the recent proliferation of ‘climate-related claims’ in the form of publicised …

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Changes to trade mark opposition practice on extensions of time in opposition proceedings

With effect from 31 July 2023, IP Australia published an Official Notice on the interpretation of the “prompt and diligent” ground for extension of time (EOT) for filing evidence in opposition proceedings. …

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