Insights Categories: Corporate & Commercial

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 […]

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 […]

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 […]

Combatting modern slavery is a mainstream corporate responsibility, with certain financial services entities like banks, insurers, and superannuation funds being required to report on their efforts under the Modern Slavery Act 2018 (Cth) (Act). To assist such entities, the Australian Human Rights Commission and KPMG Australia have released a good practice guide on how best […]

We published an article outlining the collective bargaining class exemption for small to medium businesses approved by the ACCC earlier this year. This exemption came into effect on 3 June 2021 and allows eligible small and medium businesses to engage in collective bargaining with their suppliers without being in breach of the Competition and Consumer […]

Recently, we published an article outlining the dos and don’ts of COVID-19 vaccine promotion. Our Insight summarises how vaccine providers and other parties can lawfully provide information about and promote COVID-19 vaccines. The promotion of vaccines and health services generally, across a variety of communication mediums, is regulated by advertising laws. Social media in particular, […]

Currently, 85% of all Australians have a clear understanding of why they should protect personal information, yet 49% don’t know how to do it. Privacy Awareness Week (PAW 2021) runs from 3-9 May 2021. The theme for PAW2021 is ‘Make privacy a priority’. PAW 2021 is about sharing information and practical tips that empower organisations […]

The roll-out of the Pfizer/BioNTech vaccine and Oxford/AstraZeneca vaccine has begun. Generally, the advertising of vaccines to consumers is prohibited in Australia, however some exceptions are now in place to support the roll-out of COVID-19 vaccines. To explain these exceptions, the Therapeutic Goods Administration (TGA) has issued a fact sheet which shows how vaccine providers […]

Commercial agreements vary in complexity, the length of time parties are involved in negotiations, and importantly, in the level of formality the parties employ as they ‘thrash out’ the terms. For these reasons, it is sometimes difficult to work out when the negotiations have reached a point where the law would regard the parties as […]

A shareholders’ agreement is a contract between a company’s shareholders (sometimes the company itself is also a party), setting out the rights and obligations of the shareholders in relation to the affairs of the company and how it is to be managed. If the company is the trustee of a unit trust the agreement relates […]

From 1 January 2021, New South Wales Fair Trading is proposing to enforce new disclosure obligations (which were first introduced in July 2020) contained in the Fair Trading Act 1987 (NSW). The new obligations relate to how businesses that supply goods and services in New South Wales to consumers, communicate with customers and how intermediaries […]