Year: 2019


Conduct that’s not so Unconscionable?

On Wednesday the High Court found against the Australian Securities and Investments Commission (ASIC) in its unconscionable conduct claim against APY lands general store owner Lindsay Kobelt. A brief history of the matter and the ‘book-up’ system. The ‘book-up’ system, used by Kobelt’s store, dates back to the 1940s and is a common practice among… Read more


Why not litigate?

‘Why not litigate’? This was the message from the ASIC Commissioners at the ASIC Annual Forum 2019 held in Sydney last week. On the back of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (‘Royal Commission’) ASIC made it clear that while still utilising the full range of enforcement tools… Read more


Increased penalties under the Privacy Act

On 25 March 2019, the Federal Government announced plans to increase penalties for breaches of Australia’s privacy laws. Legislation is being drafted for consultation in the second half of 2019. Although targeted at social media platforms, the new increased penalties will affect all entities required to comply with the Privacy Act 1988 (Cth) (‘Privacy Act’).… Read more