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Articles

13 Dec 2023
‘Reliance on Third-Party Providers is Always a Risk’: ASIC’s Renewed Focus on Cybersecurity for Financial Institutions
Major cyber-attacks against Medibank and Optus in 2022, has pushed cyber security to the forefront for many Australian businesses. Last month, the Australian Securities and Investment Commission (ASIC) chairman, Joe Longo, in a speech to the Australian Financial Review Cyber Summit ‘cyber security a ...
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11 Dec 2023
The Long Arm Of The (Australian Consumer) Law
In Karpick v Carnival plc [2023] HCA 39, the High Court of Australia extended the extraterritorial reach of the Unfair Contract Term (UCT) Regime in the Australian Consumer Law (ACL).
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29 Nov 2023
How Contractual Construction Burnt Insurer and Sent Their Case Up in Flames
AIG Insurance Australia Ltd v McMurray [2023] WASCA 148
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29 Nov 2023
Artificial Intelligence is NOT, But Will RAG Augment Your LLM
First, it’s not “intelligence”. It has no grounded understanding or lived experience; it is not “thinking” in a humanly recognisable sense. AI is not understanding and applying experience to make judgments based on reason, or form opinions, in relation to matters which have not been experienced.
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15 Nov 2023
BURGER WARS 2023: McDonalds' Beef with The Big Jack
Turns out that, according to the burger patty experts, Hungry Jack’s had only 12-15% more beef by post-cooking weight, and that was enough for McDonald’s to succeed in its claim that Hungry Jack’s had mislead consumers. How cooking shrinkage sounds in damages or other relief for misleading conduct ...
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8 Nov 2023
Australian Consumer Law Unfair Contracts Regime in operation from 9 November 2023
From 9 November 2023, sections 23 (2A) & (2C) of the ACL (and equivalent provisions in the Australian Securities and Investments Commission Act 2001) prohibit a person: • making a contract with; and/or • applying, relying, or purporting to apply or rely on, a unfair contract term in a standard fo ...
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17 Oct 2023
Regulating Johnny Cab: Moving Towards a National Automated Vehicle Safety Law
Californian regulators recently gave the green light to commercial driverless taxi services, providing a glimpse into the future of automated transport. In a happy coincidence for California, it was Arnold Schwarzenegger (former Californian Governor) who rode in one of the first autonomous vehicles ...
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10 Oct 2023
The importance of telling the truth when obtaining insurance and lodging claims
In the recent case of Citiline Concrete Pumping Pty Ltd v Chubb Insurance Australia Ltd [2023] NSWCA 123, the New South Wales Court of Appeal handed down a decision that highlights the importance of telling the truth when arranging cover and when lodging claims.
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4 Oct 2023
Williams v TMCA – Assessing Damages for Latent Defects
The High Court will soon decide whether to hear an appeal from the Full Federal Court of Australia decision in Toyota Motor Corporation Australia Ltd v Williams [2023] FCAFC 50. These proceedings have raised interesting questions for product liability class actions and the assessment of damages, in ...
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27 Sep 2023
Downer EDI Limited Class Action - Lidgett v Downer EDI Ltd: Kajula Pty Ltd v Downer EDI Ltd: Jowene Pty Ltd v Downer EDI Ltd: Teoh V Downer EDI Ltd Latest Ruling
In an important decision on 27th September, 2023, Justice Delany of the Supreme Court of Victoria has awarded William Roberts Lawyers and Maurice Blackburn carriage of the Downer EDI class action.
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