Insights 2018-11-08T15:45:56+11:00


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1608, 2018

ACCC enforcing small business unfair contract terms

August 16th, 2018|

August 2018 ACCC enforcing small business unfair contract terms A number of developments have come to light since our February update on new Australian Consumer Laws (ACL) with respect to unfair terms in business-to-business ‘standard form’ contracts (B2B contracts) (see here: Early engagement with regulators In the Agri-business sector, AWB Harvest Finance Pools [...]

308, 2018

Contract term that restricts time for making claim under ACL, unenforceable

August 3rd, 2018|

August 2018 Contract term that restricts time for making claim under ACL, unenforceable Overview In a recent decision in the Victorian Supreme Court Justice Riordan, held that it is contrary to public policy to restrict the statutory remedy provided in s 236 of the Australian Consumer Law (ACL) by limiting the time in which [...]

2007, 2018

Government’s Act on Modern Slavery: How will it affect your business?

July 20th, 2018|

July 2018 Government’s Act on Modern Slavery The New South Wales Government, followed by the Federal Government, have created legislation to try and stamp out the endemic abuses of human rights throughout Australian industry, and encourage organisations to put remedies in place, improving labour standards at every length of business operations and supply chains. [...]

2803, 2018

Notifiable Data Breaches Scheme – One Month On

March 28th, 2018|

March 2018 Since our December brief (posted again below, for convenience), and since the Notifiable Data Breaches Scheme (NDBS) came into effect on 22 February 2018, there have been some relevant developments regarding personal information data breaches. Facebook Unless you have been hiding under a rock over this past week, you would have heard [...]

1603, 2018

Workplace Bullying – It’s NOT OK.

March 16th, 2018|

March 2018 "Speak, even if your voice shakes". Today marks the eighth National Day of Action against Bullying and Violence throughout Australia (  Thousands of schools across the country will stand united today to celebrate and raise awareness, holding anti-bullying events including school activities and lesson plans to educate children and work towards wiping [...]

903, 2018

Your Business Credit Rating May Be Affected from Unpaid Taxes!

March 9th, 2018|

March 2018 Summary The Federal Government has released an exposure draft, the “Treasury Laws Amendment (Tax Transparency) Bill 2018”, which will allow taxation officers to disclose the tax debt information of business entities to credit reporting agencies. Under the proposed law, the tax debt information of an entity will be disclosed to credit reporting [...]

2002, 2018

Small Business Unfair Contract Terms – One Year On

February 20th, 2018|

February 2018 Summary Since the 2016 amendments to unfair contract term provisions of the Australian Consumer Law with respect to standard form contracts entered into with small businesses, the ACCC has been actively seeking out and assessing alleged unfair contract terms in accordance with their Compliance and Enforcement Policy. Their first Court action, taken [...]

202, 2018

Alternative Dispute Resolution Options in Australia

February 2nd, 2018|

February 2018 - Contrary to popular belief, resolving disputes does not always mean going to Court.  In our experience, most disputes can be resolved by alternative forms or processes of dispute resolution.  You should always discuss with your lawyer the alternative ways of resolving a dispute – a good lawyer will always offer to discuss [...]

202, 2018

3 to 1 – Reduction to Period of Bankruptcy

February 2nd, 2018|

January 2018 - New 2018 Bankruptcy Laws are set to reduce the period of bankruptcy from three years to one.  The disqualification period for holding the position as a director and acting in certain professions are also reduced. There are many other changes trying to strike the right balance between the interests of debtors and [...]

202, 2018

Changes to Chain of Responsibility Laws

February 2nd, 2018|

January 2018 - Changes to the Chain of Responsibility (COR) laws commence in mid 2018.  Businesses which consign, pack, load or receive goods could be held legally liable for breaches of the Heavy Vehicle National Law (HVNL), even though they have no direct role in driving or operating a heavy vehicle.  In addition, individuals [...]

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