C & C | TheBrief

corporate & commercial

Double trouble: Penalties doubled for competition and consumer law breaches

The Competition and Consumer Act 2010 (‘the Act‘) has been amended by the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026 to provide for the doubling of the first limb of the maximum penalty test for many competition and consumer law breaches of the Act. The amendments came into force on 28 March 2026 and apply to breaches on and from that date. The new maximum penalty As a result of the changes, the maximum pecuniary penalty for relevant breaches i

By Teresa Torcasio

Double trouble: Penalties doubled for competition and consumer law breaches

When Restructuring Becomes Asset Stripping

In a significant 2024 decision, the Federal Court of Australia considered the collapse of TSK QLD Pty Ltd, a Queensland-based recruitment and labour-hire company servicing the mining and energy sectors. Its business depended heavily on accounts receivable generated from supplying labour to large commercial clients, with those receivables forming the company’s primary asset base. The Court later found that, rather than stabilising the business, a coordinated restructuring arra

By THE BRIEF EDITORIAL

fc winds up united global capital after governance failures

United Global Capital Pty Ltd (UGC) was an Australian financial-services firm holding AFSL 496179, controlled solely by director and responsible manager Joel James Hewish. UGC offered financial advice, including SMSF rollovers and investments in property-linked funds. By 2022, ASIC identified systemic concerns in the company’s operations, governance, and internal controls, flagging risks to investors before any verified losses were reported. Post-Royal Commission Environment

By THE BRIEF EDITORIAL

pds fineprint - what's included, what's excluded?

RACQ Insurance Limited (RACQ) is a Queensland-based insurer providing motor, home, caravan, trailer, and unique vehicle insurance products. Between February 2017 and March 2022, RACQ issued Product Disclosure Statements (PDSs) that represented to customers that any eligible discounts would apply to the entire premium payable, including optional benefits. The PDSs, however, often did not apply these discounts to optional coverages such as excess-free windscreen, hire car, pet

By CJ DORE

fuel security: Legal implications of the MSO framework

In our previous article, Fuel Security: Recent changes to the minimum fuel stockholding obligation, we outlined the operation of the minimum stockholding obligation (MSO) under the Fuel Security Act 2021 (Cth) (Act) and the Fuel Security (Minimum Stockholding Obligation) Rules 2022 (Cth) (Rules), following the significant reforms that came into effect on 1 July 2024. The Act and the Rules, enforced by the Department of Climate Change, Energy, the Environment and Water (Depart

By Jayne Heatley

fuel security: Legal implications of the MSO framework

HINO MOTORS CLASS ACTION SETTLEMENT APPROVED BY HIGH COURT OF NEW ZEALAND

Shine New Zealand’s fast-growing class action team has had its first ever court-approved settlement of a representative action. On 16 June 2026, Blanchard J of the High Court of New Zealand approved the NZD 10.9 million settlement of the Hino Motors Class Action, appointing Shine as Settlement Administrator [Sillsco Ltd v Hino Motors Ltd [2026] NZHC 1697 [16 June 2026]. Registrations for the settlement reflected approximately 70% of relevant vehicles.[1] As representatives

By Craig Allsopp & Caro Coates

High Court rules crypto-yield products require an AFSL

In a decision with far-reaching implications for the digital assets sector, the High Court has settled a contested question about the regulatory perimeter of Australia's financial services regime. On 17 June 2026, the High Court of Australia delivered its unanimous judgment in ASIC v Web3 Ventures Pty Ltd [2026] HCA 21, definitively resolving the question of whether crypto-yield products fall within the definition of 'financial product' under Chapter 7 of the Corporations Act

By Jennifer Lambley

From chemicals to court room

The dangers of PFAS contamination were brought into the public consciousness upon the release of Dark Waters in 2019 starring Mark Ruffalo, which told the story of Robert Bilott’s litigation against the chemical manufacturing giant, DuPont. background PFAS, often dubbed ‘forever chemicals’, are a class of synthetic chemicals that pose serious threats to both public health and the environment. A prominent environmental litigation attorney in the United States named Emily Lamo

By McKenzie Moore

ANNOUNCEMENT - The Brief has officially launched in Australia and is now accepting submissions and press releases from legal professionals and PR

Back to Basics – The Scope of a Solicitor’s Duty of Care

In Boensch v Bingham (No 2) [2026] NSWSC 529, the Supreme Court of New South Wales dismissed all six professional negligence claims brought against a defendant solicitor, reaffirming the core principles that govern the scope of a solicitor’s duty of care. The decision confirms that a solicitor who acts within the scope of their retainer, reasonably relies on counsel’s advice and clearly documents the terms of their engagement will be well-placed to defend claims of this kind.

By Mark Brookes

Mallesons advises Pepper Money on servicing appointment for HSBC’s A$36 billion mortgage portfolio

Mallesons has advised Pepper Money Limited (Pepper Money) on its appointment as servicing partner in connection with the financing of HSBC’s A$36 billion Australian home loan portfolio. Under the arrangements, a Blackstone led consortium of financiers will provide financing in relation to the portfolio, with Pepper Money appointed as servicing partner. A separate Mallesons team advised the Blackstone-led consortium on the financing arrangements, with the firm’s work spanning

By Mallesons