While the use of biometric templates, such as using your fingerprint to sign-in to your smartphone, is increasingly common, a recent Full Bench decision from the Fair Work Commission (FWC) in Jeremy Lee v Superior … Continued
Background If any clear theme emerges from a review of the Australian Competition and Consumer Commission’s (ACCC) enforcement activity in 2018, it would have to be ‘penalties’ with the ACCC successfully pushing the boundaries on … Continued
The Victorian Civil and Administrative Tribunal (VCAT) is meant to have the last word on the merits of the decisions it makes. In an appeal from VCAT, the Supreme Court’s role is not to re-make … Continued
The difficulties with managing vexatious or unreasonable litigants in the courtroom are well known. Notably, it is not unusual for regulators to confront similar behaviour from members of the public who make a complaint to … Continued
Regulation plays a critical role in society. At its most basic level, regulation is used to control risks that lead to societal problems. It may be used to address a broad range of risks, including … Continued
Recent decisions by the Australian Competition and Consumer Commission and the Federal Court of Appeal have demonstrated that it can be a fine line between branding and product claims: with a wrong step amounting to … Continued
Background Regulators have a range of enforcement options available to them, including the issuance of infringement notices. Indeed, for many regulatory offences, the initial action taken by a regulator is to issue an infringement notice. … Continued
Decision-makers are often called upon to provide reasons for a decision. The requirement to provide reasons arises pursuant to legislation. In some circumstances, legislation requires a decision-maker to provide reasons at the time of making … Continued
Legislative context Taking enforcement action is a core part of every regulator’s activities. It involves reacting to non-compliance with the regulatory framework and is often undertaken through the use of “hard tools” – these are … Continued
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