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Articles

21 Jan 2022
The Clearview Case: Privacy and data protection by foreign companies
When foreign companies expand to do business in Australia, they usually consider compliance matters such as taxation, however, they seldom think about compliance issues such as privacy and data protection. This is often perceived as an issue for multi-million dollar businesses that have an entity re ...
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21 Jan 2022
Employer v Employee – The Gold Titan Case
In Gold Titan Pty Ltd v Lopez (No. 2) [2021] FCA 1523, the Court determined that the respondent had used his former employer’s client list to promote his new business, which was a competitor to his employer.
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4 Jan 2022
Capic v Ford Motor Company of Australia Pty Ltd (Costs) [2021] FCA 1411
On 29 June 2021, Perram J, delivered judgment in Capic v Ford Motor Company Australia Pty Ltd [2021] FCA 715, which dealt with the Applicant’s claim and a set of issues common to the claims of group members, commonly known as “Common Questions”.
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10 Dec 2021
Judicial Review of Act of Grace Payments for Legal Expenses
Under section 65 of the Public Governance, Performance and Accountability Act 2013 (Cth) (PGPA Act), the Finance Minister may, on behalf of the Commonwealth, authorise in writing, one or more payments to be made to a person if the Finance Minister considers it appropriate to do so because of special ...
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6 Dec 2021
Stanwell Corporation Limited v LCM Funding Pty Ltd [2021] FCA 1430
The Corporations Amendment (Litigation Funding) Regulations 2020 (CALF Regulations) made amendments that declared litigation funding schemes to be a financial product for the purposes of the Corporations Act 2001 (Cth) (the Act).
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1 Nov 2021
Property Damage: Reinstatement Costs and Consequential Losses resulting from Insurer’s wrongful failure to indemnify
In the recent of case of Worth v HDI Global Specialty SE [2021] NSWCA 185, the New South Wales Court of Appeal considered whether an insured was entitled to the costs of reinstatement of her home and consequential losses for business interruption in circumstances where an insurer wrongfully failed t ...
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26 Oct 2021
RIP Pre-Contractual Disclosure
As part of its response to the Financial Services Royal Commission (Royal Commission), the Federal Government passed the Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (Cth). This Act made a number of amendments to various legislation including the Insurance Contracts Act 1984 (C ...
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22 Oct 2021
Liability for Defamation in the Age of Social Media
The High Court of Australia’s ruling in Fairfax Media Publications Pty Ltd v Voller [2021] HCA 27 has raised some eyebrows and may be a valid cause of alarm for media outlets.
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29 Sep 2021
Are the proposed further protections against unfair contract terms fair?
The Commonwealth Government is now moving to strengthen protections for consumers and small businesses against unfair contract terms (UCTs). Public consultation on draft legislation amending the ACL and the ASIC Act closed on 20 September 2021. What is expected, when, and is it fair?
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27 Sep 2021
A COVID-Safe Approach to Privacy
On 2 September 2021, the Office of the Australian Information Commissioner (OAIC) released a framework of 5 universal privacy principles which provide a nationally consistent, best practice approach to data management and personal information protection for governments and businesses during the COVI ...
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