Posts in Compliance & Corporate
Mandatory Merger Notifications Are Coming

Australia’s new mandatory merger control regime is on the horizon. From 1 January 2026, certain transactions must be notified to the Australian Competition and Consumer Commission (ACCC) and cleared before completion.

A voluntary opt-in period is now open and runs until 31 December 2025. This is a critical window to plan ahead.

These changes represent the most significant shift in Australian merger control in decades. Proactive planning will be critical to avoid costly delays and surprises.

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Remove Unfair Contract Terms before 9 November 2023

From 9 November 2023, changes to the Australian Consumer Law (ACL) will impose heavy penalties on businesses proposing, using, or relying on unfair contract terms in standard form contracts with consumers and small businesses. Businesses need to review their standard form contracts now and remove any unfair contract terms to avoid substantial penalties.

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When the bargain isn't worth it - Dell fined $10 million for misleading consumers about discount prices

On 14 August 2023, the Federal Court ordered Dell Australia Pty Ltd, a wholly owned subsidiary of US-based technology provider Dell Technologies Inc, (Dell) to pay a $10 million penalty for making misleading representations on its website about discount prices for add-on computer monitors.

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Directors and officers be warned! Don't be the next Star example

ASIC has provided a stark reminder to directors and officers that they can be held personally liable for company conduct after ASIC commenced proceedings in the Federal Court against 11 current and formers directors and officers of The Star Entertainment Group Limited (Star).

ASIC is seeking penalties which attract a maximum fine of $1.05 million per breach as well as declarations and disqualification orders against the Star directors and officers.

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Know your privacy obligations - or penalties may apply

People are coming increasingly aware and concerned about the protection of their personal information. Given the latest cybercrime attacks on Optus and Medibank, the Federal Government is seeking to increase penalties for privacy breaches. Do you know your privacy obligations and do you have the appropriate privacy protections in place?

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