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In Artificial Intelligence

Australian Consumer Law – Government consulting on proposed reforms

by , , , and 8 Mins Read

Potential AI reforms, new consumer guarantee prohibitions and civil penalties and a ban on unfair trading practices are proposed In brief The Australian Government has announced consultations on a range of proposed reforms to the Australian Consumer Law (ACL) covering: Consultations have commenced on the proposed AI-related reforms and consumer guarantee amendments, with submissions sought by 12 November 2024 and 14 November 2024, respectively. Treasury has not yet commenced consultation in relation to the…

In Cyber Security

Australia: Cyber Security Legislative Package 2024

by , , , , and 10 Mins Read

The Australian Government takes its next step towards becoming a world cyber security leader by 2030. In brief In 2023, the Australian Government released the 2023-2030 Australian Cyber Security Strategy. 9 October 2024 marked the latest in a series of legislative reforms in pursuit of that strategy, as the Cyber Security Legislative Package 2024 (Package) was introduced to Parliament. The Package has been referred to the Parliamentary Joint Committee on Intelligence and Security for inquiry and report. The Package contains…

In Consumer Protection

Australia: Illusory Discount Pricing; ACCC files proceedings against Woolworths and Coles

by and 3 Mins Read

The Australian Competition and Consumer Commission (ACCC) has sent a shot across the bows of retailers using discount pricing claims on long-term prices that remain the same for many months. In brief The ACCC commenced Federal Court proceedings on 23 September against Coles and Woolworths alleging that the two major supermarket have misled consumers by using their “Down Down” and “Prices Dropped” pricing claims in cases where the prices were actually higher than, or the…

In Corruption Prevention

Australia: Does your company have adequate procedures in place to prevent corruption?

by , and 7 Mins Read

New legislation passed which will put onus on companies – when did your company last undertake a risk assessment on corruption? In brief The Australian government has, after many years of deliberation, passed the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 (“Bill”) which introduces a new indictable corporate offence of failing to prevent foreign bribery. This offence will apply where an associate of a company has committed bribery in relation to a foreign public official for…

In Asia Pacific

Australia: ACCC issues new draft greenwashing guidance

by , , , and 2 Mins Read

In brief With the rapid rise of environmental consciousness in Australia and abroad, consumer-facing businesses are increasingly making claims about the environmental qualities of their products, services and business operations. While the ACCC has had guidance on the practice of “greenwashing” for some time (link here), policing of environmental and sustainability claims has been a core area of focus for the ACCC in the last 12 months. In October 2022, the ACCC launched an internet sweep…

In Unfair Competition

Australia: Significantly increased CCA/ACL penalties and prohibitions on Unfair Contract Terms are on the horizon

by , , , , , , and 11 Mins Read

The Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 will, for the first time, apply penalties to unfair contract terms and will increase maximum penalties under the CCA and ACL five-fold. In brief On 28 September 2022, the Government introduced the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (“Bill”). If passed, the Bill will: Introduce a civil penalty regime prohibiting the use of and reliance on unfair contract terms (UCTs) in standard…

In Class Actions

Australia: Aggregate damages awards in Australian class actions – back to the future?

by and 7 Mins Read

In brief The Federal Court of Australia has awarded aggregate damages in an Australian consumer class action proceeding commenced by a private applicant. The last time an order of this kind was made was in 1998, in representative proceedings commenced by the Australian Competition & Consumer Commission (ACCC).[1] In Williams v Toyota Motor Corporation Australia Limited (Initial Trial) [2022] FCA 344 (“Williams”), a class action concerning defective diesel particulate filter systems, Justice Lee awarded damages on an…

In Asia Pacific

Australia: Class closure orders – An important divergence between the Full Court of the Federal Court and the NSW Court of Appeal

by and 16 Mins Read

Parkins vs. Boral Limited (Class Closure) [2022] FCAFC In brief Background – Class Closure Orders “Class closure orders”, which require group members to either register their claims in order to participate in any settlement, or to opt out so as to not be bound by any settlement (a Class Closure Order) have been made by various courts in various jurisdictions over the years, underpinned by the rationale that such orders facilitate settlement by allowing all…

In Insolvency

Australia: The Arrium Series (#8) – Secondary debt trading – assignments of debts and rights of recovery in Australia

by , , and 16 Mins Read

Welcome to issue #8 of our Arrium Series, where senior members of the Baker McKenzie team involved in the successful defence of proceedings against the former CFO, former Treasurer and other former employees of the Arrium Group, consider key issues arising in those and related insolvent trading proceedings and from the judgment handed down on 17 August 2021.[1] A summary of the relevant background to the Arrium proceedings, some key terms and the key issues…

In Insolvency

Australia: The Arrium Series (#7) – Novel assessments of loss for negligence, misleading conduct and insolvent trading

by , , and 11 Mins Read

Welcome to issue #7 of our Arrium Series, where senior members of the Baker McKenzie team involved in the successful defence of proceedings against the former CFO, former Treasurer and other former employees of the Arrium Group, consider key issues arising in those and related insolvent trading proceedings and from the judgment handed down on 17 August 2021.[1] A summary of the relevant background to the Arrium proceedings, some key terms and the key issues…

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