Insights Categories: Corporate & Commercial

Proposed reforms to strengthen the unfair contract term regime in standard form contracts under the Australian Consumer Law

The Treasury Laws Amendment (enhancing Tax Integrity and Supporting Business Investment) Bill 2022 has been introduced into Federal Parliament and, if passed, is designed to strengthen and expand the operation of the unfair contract term regime within the Australian Consumer Law. The Bill follows a review which found that the current regime was ineffective in […]

New Franchise Disclosure Register

As a result of the Competition & Consumer (Industry Codes-Franchising) Amendment (Franchise Disclosure Register) Regulations 2022, which commenced on 1 April 2022, by 14 November 2022 franchisors will be required to publish a franchise profile and publish on the online Franchise Disclosure Register, important information about its franchise. This is a mandatory requirement and failure […]

Privacy Awareness Week | 2 – 8 May 2022

While 84% of Australians consider privacy to be important when they are choosing a website or digital service, only 20% read privacy policies and are confident they understand them.[1] This highlights the trust Australians place in service providers – trusting that their personal information will be handled with integrity and care. This year’s Privacy Awareness […]

7-Eleven in breach of privacy laws over survey collecting facial images

The Australian Information Commissioner and Privacy Commissioner, Angelene Falk, recently determined that 7-Eleven interfered with up to 1.6 million customers’ privacy by collecting sensitive biometric information, via in-store customer satisfaction surveys, that was not reasonably necessary for its functions and without adequate notice or consent. This determination is a timely reminder to businesses to collect […]

New Director Identifier Number regime now mandated for all directors

From 1 November 2021, all directors of Australian registered bodies corporate are required to apply for a director identification number (DIN). The DIN regime, administered by the Australian Business Registry Services (ABRS) and managed by the Australian Taxation Office, has been introduced in order to prevent illegal phoenix activity, track directors’ involvement across different companies […]

Do you really need a copy of my COVID-19 vaccination certificate?

Vaccinated Australians will have, by now, accessed their COVID-19 vaccination certificate, a token of our roadmap out of lockdown. However, the token comes with personal and, in some formats, sensitive information. For example, the: COVID-19 digital certificate which can be saved to a smart phone reveals date of birth; the International COVID-19 Vaccination Certificate that […]

Medical Management Plans for children and your system of governance

Approved providers and nominated supervisors will be aware that as part of ensuring the health, safety and wellbeing of children, a medical conditions policy must be in place which complies with Regulation 90 of the Education and Care National Regulations (National Regulations). This means that the medical conditions policy must set out the practices of […]

Dangers of adopting branding including a geographic reference

Does the name you have adopted for your business describe the nature of your business and also make reference to the geographic region in which your business operates? Naming your business after its geographical location can provide a trading advantage in attracting customers. The location of the business and the core function of the business […]

Do you send personal information offshore?

A recent decision of the Australian Information and Privacy Commissioner highlights the responsibilities of global corporations with Australian users under Australian privacy law, particularly where the handling of personal information of Australians is outsourced to a company based overseas, whether that be a company within the same corporate group, or an unrelated third party. It […]

Selling your medical practice

Aim for a pain free goodbye Meridian Lawyers acts for doctors in the sale and purchase of their medical practices. Here is a brief overview of the legal process, together with tips on how to make the process as pain free as possible.   Step 1 – Gather information about your practice  The doctor selling […]

ACCC alleges SmileDirectClub misled consumers regarding health insurance reimbursements for clear teeth aligners

On 12 July 2021, the Australian Competition & Consumer Commission (ACCC) instituted proceedings in the Federal Court of Australia against SmileDirectClub Aus Pty Ltd and its US parent company, SmileDirectClub LLC (SmileDirectClub), alleging they had breached the Australian Consumer Law (ACL). The ACCC claims that between May 2019 and October 2020, SmileDirectClub breached section 18 […]

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