Insights Categories: Governance, Regulation & Compliance

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 […]

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 […]

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 […]

Proposed new Insurance Code of Practice for Superannuation Trustees

On 20 September 2017, the Insurance in Superannuation Working Group (ISWG) released a draft Insurance Code of Practice for Superannuation Trustees (Code). The objective of the proposed Code is to improve the insurance in superannuation offered to fund members and to regulate group insurance in superannuation, particularly its automatic issuance on an opt-out basis. The […]

Meridian Lawyers assists with NAPSA’s constitution overhaul

Meridian Lawyers has assisted the National Pharmacy Students’ Association (NAPSA) in a major overhaul of its constitution and restructure of its corporate status. NAPSA aims to be the voice of Australian pharmacy students, representing the interests of 3,500 undergraduate and postgraduate students studying pharmacy at 18 universities across Australia. Prior to instructing Meridian, NAPSA took […]

AHPRA extends its reach to social media

Case scenario: Dr Blog recently revamped the clinic’s website. He engaged a marketing company to perform the task, and was largely guided by their suggestions on how best to draw business to the clinic. The website contained statements from the clinic’s patients about their favourable treatment experience. The website also contained a link through to […]

ACCC given greater powers to enforce new Franchising Code of Conduct

Since 1998 the mandatory Franchising Code of Conduct has been the key instrument regulating the conduct of franchises in Australia, as prescribed under the Competition and Consumer Act 2010 (Cth). A new Franchising Code of Conduct was made public on 3 November 2014 (“new Code”). The implementation of the new Code will be the most […]

Keeping your website up-to-date and accurate

The evolution of digital media means that when incorrect material is published the publisher has additional means available to minimise the harm caused – namely take it off the website and/or publish a timely update. By extension, a failure to do this adds to the damage caused. The Times debacle At the end of last […]

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