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Combatting payment account fraud: Australia’s Scams Prevention Framework
On February 13, 2025, Australia passed legislation implementing its Scams Prevention Framework (SPF) aimed at protecting Australian consumers from scams. The design of the SPF was informed by a previous consultation which ran from November 30, 2023 to January 29, 2024 (please see our latest regulatory developments in Australia blog post for further information on this). The Australian Treasury recognised in its November 2024 consultation on the SPF that a whole-of-ecosystem approach was required to reduce gaps which can be exploited by scammers, and that everyone, including industry, Government, and consumers, have a role to play to combat scams.
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Competition and Consumer Law Round-Up: December 2024 – January 2025
What’s Inside This Issue? This edition of the K&L Gates Competition & Consumer Law Round-Up provides a summary of recent and significant updates from the Australian Competition and Consumer Commission (ACCC), as well as other noteworthy developments in the competition and consumer law space.
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Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)
KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER AUSTRALIAN LAW - Companies - Corporate insolvency in Australia mostly involves a company being placed in liquidation or administration. Companies can be placed in liquidation by: 1. The directors, or 2. A creditor applying to the court, or 3. An oppressed minority shareholder applying to the Court, or 4. The shareholders, or 5. After an administration process, if a scheme of arrangement is not entered into by the company with its creditors.
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The New Australian Statutory Tort for Serious Invasions of Privacy – What Does It Currently Look Like?
On 12 September 2024, the long awaited statutory tort for serious invasions of privacy has been revealed in Schedule 1 to the Privacy and Other Legislation Amendment Bill 2024 (Cth) (the Privacy Bill). Please see our previous article on the subject titled "A Statutory Tort for Serious Invasions of Privacy?" The proposed statutory tort represents a significant development in the law in respect of a general right to privacy and will undoubtedly lead to litigation involving individuals, corporations and the media sector. The statutory tort will become law on "a date fixed by Proclamation" or within six months and one day from day the Privacy Bill receives the Royal Assent.
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Misleading or Deceptive Conduct Claims on Projects in Australia
A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining, construction and infrastructure. Such claims can relate to conversations or meetings, courses of conduct between owners, operators, contractors and others, and the effect of any number of types and combinations of documents used on a project.
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Australia, are you ready for the mandatory climate related financial disclosure regime?
The Australian government is in the process of finalising legislation relating to its proposed mandatory climate-related financial disclosure regime, following the completion of a one-month consultation process on the draft legislation in February 2024. Whilst a target date for the enactment of the legislation has not been announced, some of the proposed changes may apply as early as 1 July 2024. In this article, we provide an overview of the key features of the proposed legislation and how entities should be preparing for the new regime.
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Doing Business in Australia
Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been designed to assist businesses in understanding some of the key structuring issues and regulatory processes required when establishing a business or investing in Australia.
- How much does divorce cost in Australia?
- New powers to combat phoenixing in NSW construction
- First successful SafeWork NSW prosecution for discriminatory conduct under the WHS Act