Insights

Latest articles & upcoming events

Report on senate inquiry into franchising sector published

On 14 March 2019, the Parliamentary Joint Committee on Corporations and Financial Services released its report entitled ‘Fairness in Franchising’. The first recommendation of the Report is that an inter-agency Franchising Taskforce be established to examine the feasibility and implementation of a number of the Committee’s recommendations. It is recommended that the Taskforce include representatives … Read more

Who’s who in the zoo – how independent is your Australian IP attorney (part 2)


Posted By on 15/03/19

Concerns in Australia and New Zealand around conflicts arising from the new business model of publicly listed companies acquiring multiple Australian and New Zealand IP firms have continued to increase over the past 12 months. As you may recall, these concerns are centered on the independence of these firms, conflict issues and disclosure to clients … Read more

Directors beware — extended liability for superannuation guarantee charge, PAYG withholding tax & GST

By Jack Stuk (National Tax Partner and President of NTAA Ltd) and Jonathan Slade (Lawyer) The government has progressed legislation through parliament which will extend the penalties and enforcement measures applying in relation to superannuation guarantee charge (SGC), PAYG withholding tax and GST, including imprisonment. These new measures are contained in the Treasury Laws Amendment … Read more

Alka Power in hot water over misleading ad


Posted By on 5/03/19

By Amelia Edwards (Senior Associate) and Adrian Faelli (Lawyer) A manufacturer of bottled alkaline water, endorsed by celebrity chef Pete Evans, has fallen foul of the advertising industry’s Food and Beverages Advertising and Marketing Communications Code (the Code). But, given the nature of the claims made in relation to this product, is this an issue … Read more

Ultra Tune fined for breaching Franchising Code

By Iain Irvine (Principal) and Jessica McNamara (Associate) Federal Court gives further direction on required content of annual marketing fund statements The Australian Competition and Consumer Commission’s recent investigations into the conduct of well known motor repairer, Ultra Tune, have resulted in the Federal Court ordering Ultra Tune to pay a penalty of $2,604,000 to … Read more

Password to $200m digital currency account lost on death


Posted By on 12/02/19

The founder of a Canadian cyrptocurrency exchange suddenly died overseas. His death has left about CAD$190 million (approx. AUD$200 million) of digital currency and tokens inaccessible through the QuadrigaCX exchange, according to court documents filed by his widow. Digital currency (ie cryptocurrency) is managed by the use of “private keys”. If these keys become lost … Read more

Google fined €50m by French personal data regulator


Posted By on 7/02/19

By Adrian Faelli (Lawyer) and Koula Politis (Senior Associate). On 21 January 2019, the French independent data protection agency, CNIL, fined US-based Google €50m (AUD $79.8m) for failing to provide users with transparent information concerning its data processing purposes, storage periods and ad personalisation. This marks the largest fine imposed under the EU’s General Data … Read more

The Swift Swindle: on fake celebrity endorsements


Posted By on 21/01/19

By Darrell Choong (Lawyer) and Amelia Edwards (Senior Associate) Imagine this: there’s a blank space on your product, or website, and there is a nagging thought at the back of your mind that it should be filled up. You are unable to shake it off. Inspiration strikes. You decide to put up a banner proclaiming … Read more

Re Tang: impact of multiple jurisdictions on proving Wills


Posted By on 17/01/19

This piece was co-written by Ines Kallweit (Principal Solicitor, KHQ Lawyers) and Susan Aufgang (Victorian Bar).  It first appeared in the December edition of the Wills & Probate Bulletin published by the Leo Cussen Centre for Law. Introduction Australia is a multicultural country, where almost one in two of its citizens was either born overseas or … Read more