Interest from the regulator is always unwanted and often disruptive to day-to-day operations. Investigations have the potential to bring unwanted public scrutiny and risk to reputation – and ultimately the threat of prosecution.
Getting the right support and guidance from an experienced legal advisor from the outset is essential. We focus on working with regulators to resolve and settle any issues without the need for litigation, and if this is unavoidable, we have the expertise to efficiently defend any litigation.
Our multidisciplinary team thoroughly understands the regulatory framework and acts for many clients involved in investigations and proceedings commenced by ASIC, the ACCC, the ATO and other regulatory bodies.
- Successfully representing a number of executives of a large international financial institution who were issued with notices under the Australian Securities and Investments Commission Act 2001 in connection with an allegation that the financial institution engaged in misleading and deceptive conduct in respect of credit limits. We represented the clients in ASIC examinations and in respect of all dealings with ASIC.
- Advising a well-known Japanese company and its subsidiary in relation to an ACCC investigation. We successfully defended the client in relation to the investigation.
- Acting in a claim against a multi-national retailer concerning trade mark and misleading and deceptive conduct claims concerning branding on products.
- Acting in many franchise disputes in the Federal Court involving claims such as misleading representations and breach of contract in relation to services, profitability, territory, advertising and claims for relief (such as damages for loss of profit and injunctive relief).
- Acting for a hardware business on an ACCC investigation of advertising alleged to be in breach of section 53 of the Competition and Consumer Act, and drafting terms of a proposed enforceable undertaking.
Litigation & Dispute Resolution| 13 Sep 2021
ASIC has now published its updated and final guidance on the new breach reporting regime for AFS and credit licensees that will apply from 1 October 2021.
Litigation & Dispute Resolution| 09 Sep 2021
On the hook via Facebook: High Court upholds potential liability for the defamatory comments of strangers
The High Court has confirmed that parties who create a Facebook page are potentially liable for defamatory comments posted to that page by third parties as if they themselves were the publisher.
Litigation & Dispute Resolution| 30 Aug 2021
In this update, we explore the changes that financial services businesses can expect to see in ASIC’s approach to exercising its investigative and enforcement functions and powers.
Litigation & Dispute Resolution| 06 Jul 2021
Vocational Education and Training sector update: winter 2021 – regulatory changes, audits and enforcement activities
This is the first in our series of seasonal updates that provide a brief overview of the regulatory changes, recent key cases and upcoming events for those in the Australian vocational education sector.