Insights Categories: Governance, Regulation & Compliance

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 […]

Future directions for the Consumer Data Right

On 23 December 2020, the Australian Government released the Report of the Inquiry into Future Directions for the Consumer Data Right. The Report looks at how Australia’s data sharing regime can be enhanced to further benefit consumers and strengthen our digital economy. For Australian businesses in the banking, energy and telecommunications sectors, now is the […]

Reinstatement of thresholds and other FIRB changes

Major changes to Australia’s foreign investment regime came into effect on 1 January 2021, through two pieces of legislation: the Foreign Investment Reform (Protecting Australia’s National Security) Act 2020 (Cth) which amends the Foreign Acquisitions and Takeovers Act 1975 (Cth) (the Act); and the Foreign Investment Reform (Protecting Australia’s National Security) Regulations 2020 (Cth) which […]

New Zealand’s Privacy Act Overhaul

On 1 December 2020, the Privacy Act 2020 (NZ) (the NZ Privacy Act), repealed and replaced the Privacy Act 1993 (NZ). The NZ Privacy Act better aligns the privacy law in New Zealand (NZ) with international best practice. Importantly, for Australian residents and organisations, it means greater security and accountability for cross-border flow of personal […]

Family Day Care – Compliance and Policies and Procedures

Approved providers of family day care services will be aware that their State Regulatory Authority is responsible for regulating early childhood education and care services and for enforcing compliance with the Education and Care Services National Law (National Law) and the Education and Care Services National Regulations (National Regulations) applicable in each State. It is […]

A reminder: Child Care providers in Victoria, now subject to the Victorian Reportable Conduct Scheme

The new laws which applied from 1 January 2019, regulate the way in which employers in the child care industry identify, investigate and respond to all child safety allegations. The laws apply to all Victorian approved child care providers under the Education and Care Services National Law Act 2010 (Vic) and any children’s service under […]

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 […]

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, […]

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 […]

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 […]

Assigning your Commercial or Retail Lease

Premises are one of the most expensive outlays of any business, however do you understand your lease? As the tenant, dealing with any landlord is often a David vs Goliath affair, especially in a major business transaction such as selling your business and assigning your lease.  A very costly but common scenario is one where […]

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