Hefty increases to ACL penalties
The Treasury Laws Amendment (2018 Measure No. 3) Act 2018 (Cth) commenced on 1 September 2018, introducing significant increases to the maximum penalties for breaches of the Australian Consumer Law.
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Acquisition of business: hedging your IP bets
In Sportsbet Pty Ltd v Crownbet Pty Ltd [2018] FCA 1045, Australia’s biggest non-retail bookmaker, Sportsbet Pty Ltd, has been successful in obtaining an interlocutory injunction preventing [...]
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Crowd-sourced funding to become available to privately-held companies
The Corporations Amendment (Crowd-Sourced Funding for Proprietary Companies) Bill 2017 (the Bill), if passed, will extend CSF to privately-held companies. This would open up significant [...]
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Creating a balance – updated rights for retail lessees
The Retail Leases Amendment (Review) Act 2017 No 2 came into force on 1 July 2017 and made a number of important amendments to the Retail Leases Act 1994. This article looks at the amendments [...]
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Handle with care: new obligations in the event of a data breach
This article considers the new obligations on certain entities in responding to data breaches of personal information, which came in force on 22 February 2018.
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Sit, Stay, Roll Over! – reforms in the treatment of ‘ipso facto’ clauses in contracts
This article explains what is an 'ipso facto' clause, how these clauses are problematic for companies that are struggling and what a stay on these clauses will mean for Australian companies.
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ACCC: compliance and enforcement priorities 2018
Each year the ACCC, Australia’s competition regulator, releases a list of priorities and factors to be taken into account when deciding to pursue matters. 2018 is slated to be the year of [...]
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B2B unfair contract terms being tested by ACCC
For the first time, on 6 September 2017, the ACCC instituted Federal Court proceedings enforcing the new laws. The first cab off the rank being JJ Richards & Sons Pty Ltd (JJ Richards), against [...]
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