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UK Supreme Court counters High Court on penalties
Insight 19 Nov 2015

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

Major overhaul of Australia's foreign investment laws: what's new?
Insight 04 Dec 2015

The new package of legislation overhauling Australias foreign investment laws the first major revision in 40 years commenced on 1 December 2015 While many features of the previous regime have been retained and sometimes re-named there are also a number of significant changes Partners Jeremy Low ...

Clarification on the meaning of 'personal information'
Insight 01 Feb 2016

The AAT has overturned the Grubb determination of the Commonwealth Privacy Commissioner and found that mobile network data from an individual's phone activity does not constitute 'personal information' under the Privacy Act ...

Productivity Commission releases draft report on competition in the financial system
Insight 20 Feb 2018

The Productivity Commissions draft report on competition in the financial system released earlier in February makes 25 draft recommendations a key focus of which are reforms to the regulatory system ...

Federal Government's bold vision for data availability and use
Insight 04 May 2018

The Federal Governments response to the Productivity Commissions report on data availability and use released this week outlines a bold vision but has a surprising lack of detail suggesting implementation is likely to be some way off If legislation is introduced the new regime will result in a ...

Update on the Royal Commission
Insight 22 Jun 2018

A lot has happened since our most recent update The Royal Commission has published the submissions received from ASIC and industry participants on policy questions posed by Counsel Assisting at the end of the financial advice hearings And the small business lending hearings have been held ...

Rethinking ‘natural’ history
Insight 22 Jul 2018

Is there more than one reason to call a product ‘natural’? The FCAFC thinks so, overturning Justice Katzmann’s finding that it is misleading to describe a product as ‘natural’ if it is not made wholly or substantially from natural ingredients. ...

ASIC's allocations project - guidance from abroad
Insight 13 Aug 2018

ASIC is examining the allocations process in capital raising transactions We report on ASICs allocations project and the influences that the regulators in the UK and in Europe may have on the project ...

Breaking - Australian Government releases draft decryption legislation
Insight 15 Aug 2018

The Australian Government has released draft legislation to provide national security and law enforcement agencies with means to access encrypted communications and devices The draft legislation aims to respond to the increasingly widespread use of encryption by Australian consumers and the ...

The devil in the detail - observations on the scope of CDR data and the new Privacy Safeguards
Insight 10 Sep 2018

While the Consumer Data Right CDR regime is likely to benefit businesses by increasing access to greater consumer data and customers by increasing choice and competition the draft legislation leaves a lot of the details to be finalised at a later date primarily through the Australian Competition and ...

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