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Articles by Prudence Smith
AI and Antitrust in Singapore: What Businesses Need to Know Now
Singapore's competition regulator confirms that businesses bear responsibility for antitrust harms caused by their AI systems. The Competition and Consumer Commission of Singapore ("CCS") has confirmed that businesses remain responsible for...
Singapore Updates Merger Control Regime-What Dealmakers Need to Know
Singapore's competition authority is cutting red tape for merger clearances. New guidelines effective 1 May 2026 promise faster reviews and reduced filing burdens—welcome news for M&A teams navigating cross-border transactions.
Australia Doubles Antitrust Penalties Amid Fuel Price Crackdown
The Australian government has announced its intention to double maximum penalties for anticompetitive conduct and enhance Australian Competition and Consumer Commission ("ACCC") fuel price surveillance.
Australian Treasury Reports Faster Foreign Investment Application Processing; Finance And Insurance Sector Most Attractive For Foreign Investment
JD Jones Day More Jones Day is a global law firm with more than 2,500 lawyers across five continents. The Firm is distinguished by a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
A general introduction to sports law in Australia
Sports is an integral part of Australian society. Australia’s capacity to produce high-performing athletes and teams across a range of sports, often exceeding what would be expected from a relatively small population, is a source of pride for many Australians. Accordingly, Australia has developed a robust legal framework to establish, monitor, protect and grow Australian sport.
Year in review: Sports law in Australia
Preparations for the 2032 Brisbane Olympics continue in Australia. On 1 May 2025, the Queensland Government introduced the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 into the Queensland Parliament. The Bill seeks to amend the Brisbane Olympic and Paralympic Games Arrangements Act 2021 (QLD) to streamline development for identified Games venues, villages and related transport infrastructure, and provide for cost recovery in some cases.
ACCC Conducts Sweep Of Online Statements For Compliance With Australian Consumer Law
The Development: The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and conditions may contravene the Australian Consumer Law ("ACL"). The Context: Under the ACL, Australian consumers have automatic and mandatory consumer rights ("Consumer Guarantees").
ACCC Conducts Sweep of Online Statements for Compliance with Australian Consumer Law | JD Supra
In Short The Development: The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and conditions may contravene the Australian Consumer Law ("ACL"). The Context: Under the ACL, Australian consumers have automatic and mandatory consumer rights ("Consumer Guarantees").
Australia Passes Landmark Scam Prevention Legislation
In Short The Development: On 13 February 2025, the Australian Federal Parliament passed the Scams Prevention Bill 2025 (Cth) ("Bill"), the first of its kind worldwide. The Context: The Bill comes after the Australian government estimated that AUD $2.7 billion was stolen from Australian consumers via scams in 2023.
ASIC Enforcement of Australia's Continuous Disclosure Regime Gets a Boost Through Government Response to Independent Review on Continuous Disclosure Laws
The Background: The Australian federal government recently released its response to the independent review of Australia's amended continuous disclosure regime (the "Independent Review"). The Result: In its response, the Australian government has substantially agreed with the recommendations made in the Independent Review.
Mandatory Climate Disclosure Laws To Take Effect In Australia
Australia has now officially passed laws that will introduce a mandatory climate-related financial disclosure regime from 1 January 2025. This is one of the most significant reforms to corporate financial reporting in Australian history. On 17 September 2024, the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 ("Act") received Royal Assent.
Update on Australia's New Climate-Related Financial Disclosure Regime | JD Supra
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed legislative reforms were passed by both Houses of Parliament in September 2024. As discussed in our previous Commentary, the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 ("the Bill") was introduced into the Australian Federal Parliament in March 2024.
Australia Publishes Draft Antitrust Guidance on Sustainability Collaborations
In Short The Development: Recently, the Australian Competition and Consumer Commission ("ACCC") published draft guidelines designed to assist businesses to understand how they can collaborate on sustainability initiatives without breaching competition laws ("Draft Guide").
Australian Corporate Regulators Continue to Target Environmental Claims and Greenwashing in Enforcement Activities | JD Supra
ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and greenwashing conduct, including several cases advancing through the courts. In June 2024, the Federal Court of Australia ruled in favor of the Australian Securities and Investments Commission ("ASIC") in a greenwashing action against a superannuation fund.
Accounting and Audit
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed legislative reforms were passed by both Houses of Parliament in September 2024. As discussed in our previous Commentary, the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 ("the Bill") was introduced into the Australian Federal Parliament in March 2024.
Australian Corporate Regulators Continue To Target Environmental Claims And Greenwashing In Enforcement Activities
ESG-related enforcement remains a top priority and focus for Australia's corporate regulators. Since our last update, there has been a steady stream of enforcement activity aimed at climate-related representations and greenwashing conduct, including several cases advancing through the courts. In June 2024, the Federal Court of Australia ruled in favor of the Australian Securities and Investments Commission ("ASIC") in a greenwashing action against a superannuation fund.
Update on Australia's New Climate-Related Financial Disclosure Regime
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed legislative reforms were passed by both Houses of Parliament in September 2024. As discussed in our previous Commentary, the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Bill 2024 ("the Bill") was introduced into the Australian Federal Parliament in March 2024.
The Regulation of Foreign Direct Investment in Australia: Australian Treasury's Recent Facts and Figures
In Short The Background: The Australian Treasury has released its second quarterly report of the 2023–24 financial year covering the regulation of foreign investment in Australia during the quarter ended 31 December 2023.
Australia Proposes Major Reforms To Merger Review Regime - Antitrust, EU Competition - Australia
On April 10, 2024, the Australian Federal Treasurer announced sweeping reforms to Australia's merger review regime, stating, "[t]hese changes I announce today are the biggest reforms to merger settings in almost 50 years." The proposed reforms are published in a report by the Australian Treasury.
Australia's Climate Disclosure Regime Moves Closer to Implementation Beginning 1 January 2025
In Short The Situation: On 27 March 2024, Australia's climate disclosure regime moved a significant step closer to implementation, with the federal government's introduction of proposed legislation into Parliament. Any organisations with a presence in Australia should assess whether they are subject to the regime and, if so, commence planning for compliance.
Woman Wows Mzansi With Tour of Her Stylish, Neatly Decorated Home, SA in Awe
A young lady showed off her fabulous home in a Facebook group chat, and Mzansi was impressed by the stunning decor The woman's living space was neat and well-furnished, which captured the attention of many online users People were shocked by how sophisticated the house looked, and many gushed over the stunner's home This hun showed off her stunning living space, and peeps were envious while others asked the woman to plug them with homeware items.
The Australian Government announces sweeping reforms to the merger review regime
In Short The Background: The Australian Federal Treasurer recently announced sweeping reforms to Australia’s merger review regime. These reforms will overhaul the current merger review regime in Australia to introduce mandatory filing requirements for notifiable transactions, "bringing Australia into line with most other developed economies" (per the Australian Competition and Consumer Commission ("ACCC")). The Result: The new regime will greatly increase the ACCC’s regulatory powers. Importa...
Climate Litigation in Australia Remains Active | JD Supra
Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation to climate issues, with a continued focus on energy and resource companies. There has been an increase in proceedings commenced by traditional owners and advocacy groups, and a continued stream of regulatory action.
Climate Litigation in Australia Remains Active
Australia continues to be a highly active jurisdiction for climate-related lawsuits. Since our last update in August 2023, we have seen a steady stream of suits commenced against corporations and government bodies in relation to climate issues, with a continued focus on energy and resource companies. There has been an increase in proceedings commenced by traditional owners and advocacy groups, and a continued stream of regulatory action.
Climate Litigation in Australia: Current State of Play | JD Supra
Australia continues to be a highly active jurisdiction for climate-related lawsuits. The last few years have seen multiple suits commenced against corporations and governments in relation to climate issues, with more filings anticipated. To date, plaintiffs have experienced mixed degrees of success in prosecuting their claims and obtaining their desired remedies.
Climate Litigation In Australia: Current State Of Play
Australia continues to be a highly active jurisdiction for climate-related lawsuits. The last few years have seen multiple suits commenced against corporations and governments in relation to climate issues, with more filings anticipated. To date, plaintiffs have experienced mixed degrees of success in prosecuting their claims and obtaining their desired remedies.
Climate Litigation in Australia: Current State of Play
Australia continues to be a highly active jurisdiction for climate-related lawsuits. The last few years have seen multiple suits commenced against corporations and governments in relation to climate issues, with more filings anticipated. To date, plaintiffs have experienced mixed degrees of success in prosecuting their claims and obtaining their desired remedies.
Airlines Facing "Greenwashing" Litigation on Three Continents
For more than a decade, environmental groups have accused airlines of "greenwashing" or misrepresenting the sustainability of their business operations. Now these claims are gaining traction around the globe. These groups argue that airlines advertise as environmentally friendly while their flights contribute to climate change.
Amendments To Australia's Modern Slavery Act Anticipated Following Statutory Review - Antitrust, EU Competition - Australia
In Short The Situation:In 2018, the Australian federal government obligated Australian corporates to engage with modern slavery risks in their supply chain by enacting the Modern Slavery Act 2018 (Cth) ("the Act").
Amendments to Australia's Modern Slavery Act Anticipated Following Statutory Review
In Short The Situation: In 2018, the Australian federal government obligated Australian corporates to engage with modern slavery risks in their supply chain by enacting the Modern Slavery Act 2018 (Cth) ("the Act").
Australia's New Register of Foreign Ownership of Australian Assets Commences on July 1, 2023
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In Short The Situation: From July 1, 2023, foreign investors in Australia will be subject to new registration requirements under Australia's foreign investment regime. The Result: The Register of Foreign Ownership of Australian Assets ("the Register") will replace existing registers for certain land and water entitlements and introduce new reporting obligations for commercial land and business acquisitions.
By Mark Crean, Courtney Dixon, Benjamin Lancaster, Matthew Latham, Lauren Moses Verified, Prudence Smith
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Lexology
Verified
In review: contract formation in Australia
All questions Contract formation Australian contract law comprises a combination of common law and statutory principles. While written contracts are the norm for complex commercial arrangements, there is no general requirement that all contracts be in writing.4 They may also be formed orally or by conduct.
Australia Significantly Increases Competition And Consumer Law Penalties; Expands
Australia has significantly increased penalties for competition and consumer law breaches and also expanded the scope of the law that prohibits unfair contract terms ("UCT"). The penalty increases take effect immediately, while there is a 12-month delay before the UCT changes take effect, providing companies time to make any necessary changes to their standard form contracts.
Australia Significantly Increases Competition and Consumer Law Penalties; Expands "Unfair Contract Terms" Regime | JD Supra
Australia has significantly increased penalties for competition and consumer law breaches and also expanded the scope of the law that prohibits unfair contract terms ("UCT"). The penalty increases take effect immediately, while there is a 12-month delay before the UCT changes take effect, providing companies time to make any necessary changes to their standard form contracts.
In review: sports governance and dispute resolution in Australia
All questions Organisation of sports clubs and sports governing bodies i Organisational form There is no legal requirement for a sporting club (whether professional, amateur, commercial or non-profit) to become incorporated in Australia.
Spotlight: organisation and commercialisation of sports events in Australia
All questions Commercialisation of sports events i Types of and ownership in rights Broadcasting rights are arguably the most valuable and lucrative rights available to sporting organisations to generate revenue from a sporting league.
A general introduction to pharmaceutical IP and competition issues in Australia
All questions Overview Pharmaceutical industry regulation in Australia comprises a number of regulatory frameworks administered by separate government departments or agencies.
Spotlight: competition law in the pharmaceutical sector in Australia
All questions Merger control i Merger authorisation Acquisitions that would have the effect or be likely to have the effect of substantially lessening competition in any market are prohibited by Section 50 of the CCA.54 Acquisitions are subject to the CCA and must be authorised by the ACCC. Merger authorisation allows merger parties to seek statutory protection for a proposed acquisition from legal action under Section 50 of the CCA.
ACCC Proposes Substantial Changes To Australian Antitrust Merger Review
To print this article, all you need is to be registered or login on Mondaq.com. In Short The Situation: The leadership of the Australian Competition and Consumer Commission ("ACCC") has put forward a series of sweeping proposals that, if implemented, would be the most substantial changes to Australian antitrust merger laws in nearly 30 years. The Context: Today, merger review in Australia is voluntary and, for the most part, nonsuspensory.
Australian Energy Regulator Enforces $1.3M Pecuniary Penalty For Breach Of Reporting Obligations
United States: Australian Energy Regulator Enforces $1.3M Pecuniary Penalty For Breach Of Reporting Obligations 08 January 2021 by Andrew Smith , Adam Conway , Darren Murphy , Prudence Smith and Matthew Bull Jones Day Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Epic Games Alleges Apple Abused Market Power Under Recent Australian Competition Law Amendments - Anti-trust/Competition Law - United States
United States: Epic Games Alleges Apple Abused Market Power Under Recent Australian Competition Law Amendments 22 December 2020 by Prudence Smith , Matthew Bull , Michael Gleason , Matt Evans , Philipp Werner and Yvan Desmedt Jones Day Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
UK Antitrust Authority Recommends New Regulations For Online Platforms
To print this article, all you need is to be registered or login on Mondaq.com. The UK Competition and Markets Authority ("CMA") Final Report in the Market Study into Online Platforms and Digital Advertising proposes the creation of a new regulatory authority and additional regulations to govern the conduct of online platforms funded by digital advertising, as well as specific market interventions.
Australia Repeals IP Exemptions From Antitrust Rules | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Australian Competition and Consumer Commission Issues Guidance on Its Information Gathering Authority | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Australia's ACCC Flags Continued Interest in Automobile Industry | Lexology
The Background: An Australian Competition and Consumer Commission ("ACCC") study found that a mandatory scheme to share technical information is the only way to achieve a competitive aftermarket in the automotive industry. The Situation: This is the latest in a pattern of conduct and statements by the ACCC that indicate a continuing focus on competition in the automobile industry and conduct by market participants.
Commerce Commission v Lodge Real Estate Limited & Ors [2017] NZHC 1497 | Lexology
The NZCC brought an action against companies and individuals for engaging in price fixing. The decision at first instance confirms that discussions in relation to price with competitors may not constitute price fixing in NZ. The decision is under appeal. A New Zealand Court has found in favour of two real estate agencies and two directors, dismissing an action by the New Zealand Commerce Commission ("NZCC") against alleged price fixing conduct.
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