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Latest Articles

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 Libert├ęs (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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18 Feb 2020
Can lawyers claim professional costs for litigating?
The High Court decision in Bell Lawyers Pty v Pentelow [2019] HCA 29 has held the long standing Chorley (London Scottish Benefit Society v Chorley (1884) 13 QBD 872) exception rule which now no longer applies in Australia.
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12 Dec 2019
Regulating in the digital age
The Federal Government has today released its response to the ACCC’s Digital Platforms Inquiry final report, accepting all recommendations apart from tax changes and more stringent copyright enforcement.
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26 Sep 2019
Why consumer data right will change your life
The Treasury Laws Amendment (Consumer Data Right) Act 2019 (Cth) (the Act) that established the Consumer Data Right (CDR) was passed on 1 August 2019. Open banking is one step closer after the proposed 2018 bill was amended and re-introduced after the federal election. The CDR legislation will amen ...
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26 Sep 2019
Strata defamation: Think before you send…
A tenant in a residential apartment building has received a pretty expensive lesson in the value of ‘thinking before sending’ after the District Court of NSW ordered the tenant to pay $120,000 in damages to the strata committee chairman for sending a defamatory email that was seen by several owners ...
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11 Jul 2019
Full Competition Law compliance in IP licensing and assignment required by 12 September 2019 - ACCC draft guidelines
It is important for all businesses with existing or planned IP licensing or assignment arrangements to act now, because the new law will apply in relation to both new and pre-existing arrangements. The change accordingly effectively acts retrospectively, catching long term arrangements still in forc ...
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1 Apr 2019
Tougher penalties on data breach and misuse
On 24 March 2019, the Attorney General, Christian Porter and Communications Minister, Mitch Fifield, announced proposed changes to the Privacy Act 1988 (Cth) (Act) for the purpose of enhancing the protection of personal information.
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1 Apr 2019
Learning from others: Notifiable data breach - latest quarterly figures
Since the commencement of the Notifiable Data Breach (NBD) scheme under the Privacy Act 1988 (Cth) in February 2018, the Office of the Australian Information Commissioner (OAIC) has been publishing reports on quarterly statistics relating to notifiable data breaches. We outlined last quarter’s NBD s ...
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