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Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...
Clarity on what constitutes a misleading consumer guarantee representation
A recent Full Federal Court decision has provided welcome clarity on what constitutes a misleading consumer guarantee representation. ...
ACCC brings first 'excessive surcharge' proceedings
The ACCC has instituted Federal Court proceedings against Europcar for allegedly imposing excessive payment surcharges on customers. This is the first court proceeding commenced by the ACCC under the new prohibition and serves as a reminder to businesses that card payment surcharges must be limited. ...
ACCC proposes default retail prices
A major recommendation in the ACCCs Retail Electricity Pricing Inquiry Final Report is to abolish standing offers and replace them with an obligation on retailers to supply at a price no higher than the level determined by the Australian Energy Regulator to be known as the default offer The ACCC ...
ACCC wants changes to the National Electricity Market
The ACCC recommends changes be made to the structure of ownership of generation assets and incentives in place regarding bidding and generation investment We examine the operation of the National Electricity Market why the ACCC is concerned about market concentration and their recommendations for ...
'Fairness in Franchising' report: What you need to know
The Parliamentary Joint Committee on Corporations and Financial Services has completed its inquiry into the operation and effectiveness of the Franchising Code of Conduct the Franchising Code The Committees report recommends 71 wide-ranging recommendations to address perceived power imbalances and ...
ASIC continues clamp down on shareholder intention statements
Bidders and targets must exercise caution in securing shareholder support over more than 20 per cent of target shares for bids and schemes, as ASIC continues its clamp down on shareholder intention statements and prepares to issue new guidance on 'truth in takeovers' ...
ASIC steps up its attack on the use of stub equity in control transactions
ASIC has issued its promised consultation paper on the use of stub equity in control transactions, which will, if adopted, have the potential to make the use of stub equity as an alternative form of consideration in schemes and takeovers more difficult. ...
Jump Swim in deep water over alleged misleading conduct; new guidelines offer tips for avoiding gun jumping; and ACCC bleats at goat cheese RPM notification.
The ACCC alleges that Jump Swim's promotional material contained false or misleading representations that prospective Jump Swim School franchisees would have an operational swim school within 12 months of signing a franchise agreement ...
ACCC calls for significant reforms in Digital Platforms Inquiry Final Report (Part II): A platform for sweeping privacy reform
The ACCC has called for significant reforms in Digital platforms to strengthen privacy protections for individuals and to improve transparency and accountability In data handling practices for both digital platforms and other organisations regulated by the Privacy Act 1998. ...