Corporate & Commercial

KHQ News & Insights

Dover Financial – lessons for authorised representatives


Posted By on 25/06/18

By Clea Cole (Lawyer) and Venn King (Special Counsel) Ongoing investigation by the Australian Securities and Investments Commission (“ASIC”) into Dover Financial Advisers Pty Ltd (“Dover Financial”, one of Australia’s largest financial planning businesses) has highlighted the risks associated with financial planners becoming authorised representatives under another party’s Australian financial services licence (“AFSL”). An “authorised … Read more

How to deal with negative customer reviews

As your mum used to say, ‘sticks and stones may break your bones, but negative customer reviews might break your business’ (or something along those lines, anyway). The ACCC recently announced that Wisdom Properties Group Pty Ltd received a firm slap on the wrist – and a court-enforceable undertaking – requiring it to remove certain … Read more

GDPR – impact on Australian businesses


Posted By on 7/06/18

On 25 May 2018, changes to the European Union’s General Data Protection Regulation (“GDPR”) came into effect requiring organisations all over the world (including businesses in Australia) to provide a high level of protection to the personal data of individuals in the EU, and allow those individuals to maintain better control over their personal data. … Read more

Notifiable Data Breaches Scheme – are you ready?

By Naomi Stephens (Paralegal) and Amelia Edwards (Lawyer) The Notifiable Data Breaches Scheme, established under the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), comes into effect on 22 February 2018.  The Scheme imposes obligations on entities and organisations which hold personal information in relation to known or suspected data breaches. Who is caught by … Read more

Insolvency reforms set to benefit directors & companies


Posted By on 16/01/18

By James Allen (Lawyer) and Venn King (Special Counsel) On 18 September 2017 the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) received assent, introducing significant reforms to Australia’s insolvency and restructuring laws. The reforms introduce two concepts to protect both directors and companies during periods of significant financial distress: “safe … Read more

Federal Court rules on unfair contract terms

A recent Federal Court decision regarding the unfair contract terms regime provides valuable guidance for businesses regarding the types of terms which may be declared void.   Background   In November 2016, the existing unfair contract term protections for individual consumers were extended to cover standard form contracts with small businesses.  The effect of this … Read more

Changes to smoking laws in Victoria

A ban on smoking in outdoor dining areas will come into effect as of 1 August 2017. The Tobacco Amendment Act 2016 (Vic) (Amendment Act) amends the Tobacco Act 1987 (Vic) (Act) so that no person may smoke in an outdoor area where food is being served. This will presumably include footpath dining areas, beer … Read more