Directors’ and Officers’ liability for breaches of the Australian Therapeutic Goods Act – Update

Non-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.

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Why are non-compete/restraint clauses required in employment contracts?

On 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.

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Data Breach, Cyber Security and Privacy Law Update – Sept 2025

From 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.

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Consumer Law Update – Three Major Risk Areas for Businesses – July 2025

In 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.

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Strategies for Protecting and Maximising the Value of Intellectual Property

Maintaining 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.

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TGA targets businesses for unlawful advertising of prescription-only drugs

Advertising 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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