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


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

Notifiable Data Breaches Scheme – are you ready?


Posted By on 1/02/18

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


Posted By on 1/11/17

By Chrystie Siapkas (Lawyer) and Paul Welling (Principal Solicitor) 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 … Read more

Director Identification Number to battle phoenixing activities


Posted By on 12/10/17

Last month, the Honourable Kelly O’Dwyer MP announced that the Turnbull Government would be introducing new laws in a bid to crack down on illegal phoenixing activities that cost the Australian economy up to an estimated $3.2 billion per year. What are phoenixing activities? “Phoenixing” occurs when individuals or entities deliberately strip assets from one … Read more

Changes to smoking laws in Victoria


Posted By on 1/08/17

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