13 Jul 2018
Buyer and seller beware – “Gun Jumping” on ACCC radar
Great care is needed on any potential sale or acquisition involving competitors (or potential competitors) to ensure the parties do not contravene broad civil penal and criminal prohibitions on cartel conduct in the Competition and Consumer Act.
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9 Jul 2018
The Brave New World of Data (in) Security
The Brave New World of Data (in) Security It is prudent to be scared rather than brave in the modern world of data breaches and cyber-attacks, where criminal enterprise endeavours to breach effective security systems and keep ahead of effective regulation.
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6 Jul 2018
Privacy and Cyber Risk – Turning uncertainty into opportunity
Privacy and Cyber Risk – Turning uncertainty into opportunity Introduction: Australia’s current technological landscape. Australia’s technological landscape is ever evolving. Across sectors, digital technologies are constantly shifting business rules by facilitating new business models. Technolog ...
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31 May 2018
Call for caution as unfair insurance contract terms debate heats up
In February 2018, the Consumer Action Law Centre released a report titled ‘Denied: Levelling the Playing Field to Make Insurance Fair’ (the Report). The Report promoted the need to extend the provisions of unfair contract terms within the Australian Consumer Law (ACL) to the insurance industry.
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30 May 2018
Bad eggs - How a handful of contractors ruin construction
While most Australians enter construction contracts with no issues whatsoever, there remain instances in which builders take advantage of witting consumers. For an example, we draw attention to the example of Tevita and Siosiana Ungounga’s (“the Ungoungas”) and their company, T & T Sandstone Constru ...
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16 Apr 2018
“The Changing World of Forensics”
“The Changing World of Forensics” Pressures on the Standards of Forensic Evidence in Civil Actions amidst International Scrutiny Insurance fraud in Australia is estimated to cost up to $2.2 billion every year. Historically this created a direct impact on premiums for honest policy-holders; howev ...
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22 Feb 2018
Can an Insurer be joined to Proceedings?
The recent decision of Justice Campbell in Zaki v Better Buildings Constructions Pty Limited has become the first Supreme Court of New South Wales authority applying the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (the Act). This decision concerned the joinder of an insur ...
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7 Feb 2018
Comparing Apples with Oranges?
The Australian Life Insurance Industry moves closer to Standardised Reporting Definitions 1. ASIC and APRA released the initial industry-aggregate results from phase 1 of a joint pilot data collection project on life insurance claims.
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5 Dec 2017
The Bankruptcy Court’s power to look behind a judgment
The Bankruptcy Court’s power to look behind a judgment The decision in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28 This decision concerned the circumstances in which a Court may “go behind” a judgment in order to be satisfied that the debt relied upon by the petitioning creditor i ...
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24 Nov 2017
Hacker-proof? Unpacking the new Privacy Amendments
Hacker-proof? Unpacking the new Privacy Amendments – what this means for companies Organisations covered by the Australian Privacy Act 1988 (Cth) will soon need to notify eligible data breaches to the Office of the Australian Information Commissioner (OAIC) as well as to affected individuals as ...
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