Blog

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


New Year – new laws for financial planners

If you are an Australian financial services (‘AFS’) licensee (or for that matter an authorised representative, employee or director of an AFS licensee) (‘Relevant Persons’) you may want to consider making compliance with the new financial services laws requirements your new year’s resolution! The Relevant Persons of AFS licensees who provide personal advice to retail… Read more


Pro Bono is just one way SA law firms are giving back to the community

Kain Lawyers exists to create opportunities for our clients, our team the community. For our community we create opportunities for children and youth who may otherwise fall through the cracks. We do this through our work with the Kain Foundation projects with The Smith Family and Northern Opportunities. As part of the Legal Liftout the Advertiser… Read more


Women in Law Awards

Congratulations to Melissa Davies, In-House Counsel at Lucas Total Contract Solutions, winner of In-House Counsel of the Year at the Women in Law Awards. The awards night was held at the Sofitel Melbourne, it was a fantastic night and we were so pleased to be there to support Mel and Lucas Total Contract Solutions. Congrats… Read more


Australian Businesses Beware! – First formal enforcement notice issued under the GDPR

Just when the initial panic surrounding the implementation of the GDPR has subsided, the UK Information Commissioner’s Office (ICO) has recently issued its first enforcement notice and to a foreign company at that! AggregateIQ Data Services Limited (AIQ), a data analytics firm operating out of Canada, was issued with the notice, which requires the company… Read more


Best Lawyers 2019

Congratulations to Director James Burchnall, who was today named as Best Lawyers ‘M&A Lawyer of the Year’. The announcement has capped of a stellar year for the Kain Director team with recognition as a national top 5 M&A firm by Thomson Reuters and a nod by Doyle’s Guide to best lawyers earlier in the year.… Read more