Latest in cyber, privacy and data security – November

November has already been a busy month for Australian cyber developments, with some important judgments, OAIC actions and media releases published. We will provide a more comprehensive analysis of the below and other recent developments in our upcoming Cyber + Technology Bulletin.     OAIC takes legal action against Australian Clinical Labs for data breach […]

New considerations for permanent stays of proceedings in a post-GLJ world

GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 At a glance On 1 November 2023, the High Court of Australia delivered its decision in GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32, which we covered here. The […]

Get to know Thomas Cavanagh, new partner and financial services specialist

What made you decide to become a lawyer? Other than the usual desire to argue a point with everyone and shows like Boston Legal (aged very poorly, I know), I like the fact that the law is not actually made up of rigid principles but rather can be moulded to suit particular circumstances, and that’s […]

Closing Loopholes Bill reignites contractor vs. employee debate

At a glance The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced on 4 September, and has since had several second reading debates. In determining the contractor versus employee distinction, the Bill emphasises a broader, more flexible approach in determining the true reality of a working relationship. It also highlights that the totality […]

Climate reporting gains momentum with release of draft sustainability accounting standards

At a glance On 23 October 2023, the AASB released its Exposure Draft ED SR1 Australian Sustainability Reporting Standards – Disclosure of Climate-related Financial Information to propose climate-related financial disclosure requirements. The Exposure Draft includes two draft Australian Sustainability Reporting Standards relating to financial disclosure. The proposed standards have been developed for the Australian market […]

The rise of data breach class actions: legal trends and implications

At a glance Class actions following large-scale data breaches have been filed for the first time in Australia, adding a further layer of complexity to the management of cyber incidents. There are potential obstacles to the success of such class actions, and it is not yet clear if they will be a viable (or best) […]

REA’s refreshed complaint process

At a glance On 16 October 2023, the REA will adopt a new process for handling complaints against real estate agents. Under the new process, there will be an earlier opportunity for licensees to make their case to have a complaint dismissed. The REA is also adopting new timeframes for responses to complaints that have […]

Proposed NSW ‘fitness for purpose’ obligation creates an additional layer of liability for engineers

At a glance The NSW Government has proposed a practice standard for engineers, which includes imposing a new obligation to ensure that designs for professional engineering work are “fit for purpose”. However, the existing regulatory framework for professional engineering work within the Design and Building Practitioners Act 2020 NSW (DBP Act) and Regulation already deals […]

High Court decides on the scope and power to publish corruption reports

Crime and Corruption Commission v Carne [2023] HCA 28   At a glance On 13 September 2023, the High Court of Australia dismissed an appeal by the CCC to publicly release a report on its investigation into the former Public Trustee of Queensland Peter Carne. The High Court found the CCC did not have the […]

‘Exceptional circumstances’ – recent employment cases involving out-of-time applications

Two recent Fair Work Commission decisions provide useful examples of how ‘exceptional circumstances’ can lead to extensions of time being granted in out-of-time unfair dismissal or general protections applications. In Muhammad Ali Qureshi v Spotless Services Australia Limited [2023] FWC 1613 and Todd Smith v Tricare Ltd [2023] FWC 1585, there were a range of […]