Corporate & Commercial

KHQ News & Insights

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!

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 was Donald Trump’s candidate for a seat on the Supreme … 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

How to deal with negative customer reviews


Posted By on 7/06/18

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