Insights

  • Corporate & Commercial,
  • Feb 14, 2019
  • Author: Private: Michael Bracken
  • INSIGHT: Six axioms emerging from the Hayne report

    A preliminary analysis of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. As foreshadowed in our previous Financial Services Insight, which deals with the Interim Report, the period of public hearings has been completed and Commissioner Hayne released the Commission’s Final Report on 4 February 2019. The Final Report includes […]

  • Corporate & Commercial,
  • Dec 6, 2018
  • Author: Private: Michael Bracken
  • INSIGHT: A Game Changer for Mutuals – New Law Expands Capacity to Raise Capital

    Mutual Entities Bill 2018: Tranche 2 On 26 November 2018, the Commonwealth Government released for public consultation an exposure draft of the Treasury Laws Amendment (Mutual Entities) Bill 2018: Tranche 2 (the Bill) which introduces a new bespoke capital instrument in the Corporations Act 2001 for all eligible mutual entities. Under the Bill, a mutual […]

  • Corporate & Commercial,
  • Oct 9, 2018
  • Author: Private: Michael Bracken
  • INSIGHT: Financial Services Royal Commission – The Interim Report – Emerging Regulatory Themes

    The Interim Report of the Financial Services Royal Commission was tabled in Parliament on 28 September 2018. There has been much speculation about the potential nature of the findings and recommendations arising from the public hearings. The evidence of misconduct in the banking, superannuation and financial services industry, in some sectors and in specific instances, […]

  • Corporate & Commercial,
  • May 14, 2018
  • Author: Private: Michael Bracken Author: Mark Fitzgerald Author: Georgina Odell
  • INSIGHT: What to consider when you buy a Fitness Franchise

    Franchise systems are prevalent in the Fitness Industry. Buying a franchise has a number of advantages, such as the association with an established and reputable brand or service, assistance with setting up elements of the franchise, initial management training and ongoing support via established policies and procedures, and access to existing business systems. These advantages […]

  • Corporate & Commercial,
  • May 14, 2018
  • Author: Private: Michael Bracken Author: Mark Fitzgerald
  • INSIGHT: Fair Go! Are your standard contracts unfair?

    The Federal Court in ACCC v JJ Richards & Sons has provided guidance on what may constitute an unfair contract term in a small business contract. As of 12 November 2016, statutory protections in the Australian Consumer Law (ACL) against unfair contract terms in standard form consumer contracts was expanded to include small business contracts […]

  • Corporate & Commercial,
  • May 14, 2018
  • Author: Private: Michael Bracken
  • INSIGHT: Charities Unclear and Uncertain about Disclosure of Political Donations and Expenditure

    Important changes to funding and disclosure laws which apply to charities are on the horizon under proposed changes to Commonwealth Electoral Act 1918 (‘Electoral Act’). Non-party Political Actors Under the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017 (‘the Bill’) which was introduced into Commonwealth Parliament late last year, a new regulatory regime […]

  • Corporate & Commercial,
  • May 14, 2018
  • Author: Private: Michael Bracken
  • INSIGHT: Are you prepared for the mandatory data breach notification regime?

    From 22 February 2018, mandatory data breach notification will apply to any individual or organisation regulated by the Privacy Act 1988 (Cth). This will affect any businesses with an Australian link and a continued presence in Australia. Under the new law, if a business is the subject of an ‘eligible data breach’ then if a […]

  • Corporate & Commercial,
  • May 2, 2018
  • Author: Private: Michael Bracken
  • INSIGHT: Misuse, interference or loss of personal information by pharmacists – new mandatory notifications for data breaches

    On 22 February 2018, mandatory data breach notification requirements were incorporated into the Privacy Act 1988 (Act) and now apply to all entities regulated by the Act. Typically, health service providers such as pharmacists will be bound by the Act irrespective of the size of their business, because they provide a health service and because […]

  • Corporate & Commercial,
  • Apr 27, 2018
  • Author: Private: Michael Bracken
  • INSIGHT: How Australian Financial Complaints Authority (AFCA) may impact your business

    From 1 November 2018 (changed from the initial start date of 1 July 2018), AFCA will start accepting consumer complaints for all financial services and superannuation complaints. The new EDR framework will give consumers access to a single external dispute resolution scheme to resolve all disputes about financial products and services. AFCA will replace three […]

  • Corporate & Commercial,
  • Apr 27, 2018
  • Author: Private: Michael Bracken
  • INSIGHT: Unfair Contract Protections Capture Standard Contract Loans to Small Businesses

    Lending to a small business under a standard form loan contract will be susceptible to new unfair contract terms protections under the Australian Consumer Law and the Australian Securities and Investments Commission Act. The new unfair contract terms protections will apply to all standard form contracts used by lenders entered into or renewed on or […]

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