The TGA’s principles provide guidance in relation to its compliance activities and priority focus areas for the next two years. Businesses operating in these areas should undertake internal compliance reviews to ensure that they are compliant with the Therapeutic Goods Act and regulations including the Therapeutic Goods Advertising Code.
Read moreNon-compliance with the Therapeutic Goods Act or the Therapeutic Goods Advertising Code can result in infringement notices and court proceedings being issued by the regulator against the company and its directors and officers. Ignorance of the law is no excuse. We review some recent court decisions which highlight key matters for company directors to consider in order to minimize the risk of personal civil liability for breach of the TG Act and related criminal prosecution.
Read moreOn 25 March 2025, the Australian Government announced a proposal to ban non-compete clauses for employees earning less than the high-income threshold. The Government has consulted on the reform to non-compete clauses and on potential additional reforms to other restraints on workers. In this article, Stephens Lawyers and Consultants discusses a recent case which demonstrates why non-compete clauses should be maintained in employment contracts.
Read moreConfidential information/trade secrets are valuable intellectual property assets of many businesses and organisations. R & D organisations may lose their rights to seek patent protection of resulting inventions where publication or disclosure of the invention occurs prior to patent filing. This article provides an overview of the legal framework for the protection of confidential information/trade secrets in Australia and provides guidance on strategies for their protection.
Read moreFrom 30 May 2025 all businesses that have an annual turnover of $3 million in a financial year, must report a ransomware or cyber extortion within 72 hours of making or having a payment made on its behalf. This is in addition to existing reporting obligations under the Notifiable Data Breach scheme. This article explores these reporting obligations and offers guidance on some strategies to consider for data protection and privacy law compliance.
Read moreWith on-line digital markets rapidly evolving with the development of new technologies, including AI tools and AI services, the ACCC in its final report released on the 23 June 2025 has identified a number of developments and emerging issues for consumers in digital platform markets which need monitoring. This article explores some of these issues and the ACCC’s recommended regulatory reforms to address them.
Read moreIn this Legal Update, Stephens Lawyers & Consultants looks at three (3) major risk areas faced by businesses for breach of the Australian Consumer Law which arise out of the ACCC’s 2025-26 compliance and enforcement priorities and offers guidance on some steps that businesses can consider implementing to minimise risk of non-compliance with the Australian Consumer Law.
Read moreMaintaining and protecting a business’s trade marks, brand names, designs, patents and copyright material are critical for maximizing the value of the intellectual property and resulting revenue. This update provides an overview of some of the strategies that businesses can consider implementing for the maintenance and protection of their intellectual property rights – and includes some recent Case Examples.
Read moreWith consumers increasingly relying on on-line reviews about products or services in making purchase decisions, “one star”, “negative” or “fake” reviews can result in serious harm, reputational damage and loss of business. A recent court decision shows how posting a “one star” Google review can be a very costly exercise for reviewers, particularly where the review is defamatory and false or fake. Businesses and individuals subjected to “one star” reviews, can take legal action.
Read moreAdvertising prescription-only medicines to the public can result in criminal and civil penalties for both corporations and individuals amounting to many millions of dollars. The Therapeutic Goods Administration has been stepping up its enforcement actions to stop unlawful advertising to the public of therapeutic goods including prescription-only medicines. This article includes some strategies that businesses can implement to minimize the risk of non-compliance.
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