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Articles

18 May 2020
Risky Business: How resilient is your business to a cyber attack?
As businesses continue to increase their reliance on data platforms (electronic storage, access and transfer of data) as part of their daily business practices; the associated risks of cyber threats and attacks can no longer be ignored, and must be factored into their risk assessment models.
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4 May 2020
An update in the Class Actions space following the decision in BMW Australia Ltd v Brewster
Lenthall v Westpac Banking Corporation (No 2) [2020] FCA 423: An update in the Class Actions space following the decision in BMW Australia Ltd v Brewster [2019] HCA 45; (2019) 94 ALJR 51
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4 May 2020
“Other insurance” clauses in insurance policies
A topic of constant debate within the insurance industry is aspect of “other insurance” clauses in policies. A significant case was the Allianz Insurance Australia Limited v Certain Underwriters at Lloyd’s of London [2019] NSWCA 271, where a road worker employed by a subcontractor (Mr Dempsey) to Ba ...
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27 Apr 2020
SMEs access to COVID relief options from insurers until 30 June 2020
On 2 April 2020, the Australian Competition and Consumer Commission (ACCC) issued an interim authorisation to insurers under the Competition and Consumer Act 2010 (Cth) to implement certain relief measures for Small and Medium Enterprises (SMEs) suffering hardship due to COVID-19.
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27 Apr 2020
Love is in the air, is in court of Perram J
On 24 April 2020, Justice Nye Perram delivered judgment in the Federal Court in Boomerang Investments Pty Ltd v Padgett (Liability) [2020] FCA 535. It’s a good read.
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15 Apr 2020
Section 163A – The rarely used safeguard within the Patent Act 1990 that may help Australia battle the Covid-19 pandemic
Recent amendments clarifying the Crown Use provisions contained in the Patents Act 1990 (the Act) could not have come sooner, with the Covid-19 pandemic potentially triggering the use of the new ‘emergency’ Crown exploitation of inventions safeguard, found in section 163A of the Act, to ramp up the ...
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6 Apr 2020
Bushfires, floods and now a global pandemic, what’s next for the insurance industry?
During recent times, the Australian insurance industry has taken a hit on various fronts. First, the recent bushfires across Australia which is estimated to reach $5 billion, then the hail storm which resulted in $1½ billion in claims and the floods on the east coast which is currently at $800m.
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15 Mar 2020
A pitfall to avoid when briefing single experts in the small claims division
Proceedings in the small claims division of the Local Court of New South Wales (Small Claims Court) are intended to be conducted with as little formality and technicality as possible (Local Court Act 2007 s 35(2)), however, non-compliance of a certain procedural rule may result in adverse costs orde ...
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15 Mar 2020
If you stalk your users – be transparent about it
Earlier last year, the Restricted Committee of the Commission Nationale de l’Informatique et des Libertés (Restricted Committee) ordered a financial sanction of €50million against Google LLC (Google) for breaches of the General Data Protection Regulation (GDPR).
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18 Feb 2020
Five key takeaways from a landmark shareholder class action
The Myer case is the first decision to be handed down involving a shareholder class action in Australia. This significant case is important because, typically, shareholder class actions have settled before trial – denying the bench the opportunity to exposit on firmly held, but as yet untested, argu ...
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