Corporate & Commercial

KHQ News & Insights

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

Encapsulation is not “Made in Australia”

The Federal Court recently ruled that encapsulation of imported supplements in Australia does not justify a “Made in Australia” label The Federal Court has ruled in favour of the Australian Competition and Consumer Commission (ACCC), holding that the encapsulation in Australia of imported fish oil and vitamin D is not sufficient to permit the capsules … Read more

CoOL challenge to “Australian-made” claims


Posted By on 14/11/18

There’s been a lot of coverage about country of origin labelling (CoOL) rules relating to labelling of food.  But what about complementary healthcare products? Claims about where complementary healthcare products are made or manufactured need to comply with the Australian Consumer Law (ACL).  Of course, compliance with the ACL is in addition to sponsors’ compliance … Read more

ACCC steps up country of origin prosecutions


Posted By on 12/11/18

It has been a ‘fine’ time for the ACCC this year – a fact to which Ozwear Connection (‘Ozwear’)and Birubi Art (‘Birubi’) will no doubt attest.  Both these entities have caught the attention of the regulator in relation to country of origin claims. Background Under the Australian Consumer Law (‘ACL’), businesses are prohibited from making … Read more

Australia is boring when it comes to judicial appointments … when compared to the US!


Posted By on 19/10/18

By Darren Sommers (Principal Solicitor) and Stephanie Koumbarakos (Trainee Lawyer) The American Senate voted 50-48 confirming Judge Brett Kavanaugh as the most recently appointed member of the American Supreme Court.  The appointment was preceded by divisive political debate after allegations surfaced that Judge Kavanaugh had sexually assaulted women while in high school and college.  Judge Kavanaugh … Read more

Hello Australian Financial Complaints Authority – what now?


Posted By on 1/10/18

By Stephanie Koumbarakos (Trainee Lawyer) and Venn King (Special Counsel) Complaints – nobody needs them, but everyone has them!  Which is why there have to date been a variety of external dispute resolution (“EDR”) systems approved by the Australian Securities and Investments Commission (“ASIC”) in the financial services arena.  But who needs multiple dispute resolutions … Read more

Financial services – may the licence be with you …


Posted By on 20/09/18

… or why corporate advisers really need an Australian Financial Services Licence By Venn King (Special Counsel) and Darrell Choong (Trainee Lawyer) There has been a great disturbance in the Force … or the financial services world at least! A recent case, Validus Advisory Group v Consolidated Tin Mines Ltd [2018] NSWSC 417 (“Validus”) has shone … Read more

Use of restricted terminology by financial advisers – ASIC strikes again!


Posted By on 17/08/18

The Australian Securities and Investments Commission (ASIC) is continuing in its relentless drive to raise standards in the Australian financial advice industry, with its recent action to require a number of financial advisory outfits to retract claims of “independence”. Restricted terminology Under the Corporations Act 2001 (Cth) (the Corporations Act) and other laws, entities are … Read more

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