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The High Court has its say on penalties
Insight 09 Aug 2016

The high court handed down its decision in Paciocco v Australia and New Zealand banking group limited. ...

E-signature - a case study, but not a test case
Insight 29 Sep 2016

A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...

Predictive coding gets green light from an Australian court
Insight 09 Dec 2016

The Victorian Supreme Court recently handed down the first decision of an Australian court to specifically consider and approve the use of predictive coding technology in a large-scale discovery exercise Partner Nick Rudge Managing Associate Kate Austin and Applied Legal Technology Manager Lisa ...

Bankruptcy and insolvency law reforms and the innovation agenda
Insight 03 May 2016

The Federal Government has released a Proposals Paper on possible changes to bankruptcy and insolvency laws that will form part of its broader National Innovation and Science Agenda Reform to bankruptcy and insolvency law has been identified as an area that could contribute to changing the culture ...

High Court unanimously finds isolated genetic material not patentable
Insight 08 Oct 2015

In the culmination of a hard-fought patent dispute the High Court of Australia has unanimously ruled that Myriad Genetics patent claims to isolated nucleic acid coding for the mutant or polymorphic BRCA1 polypeptide are not valid ...

Show me the data! Introducing the Consumer Data Right
Insight 10 Sep 2018

On 15 August the Federal Government released exposure draft legislation that if passed will establish an economy-wide consumer-directed data transfer system The latest sprint in a marathon of reviews reports and recommendations over the past few years that have called for the adoption of some form ...

CDR: What's next?
Insight 10 Sep 2018

The release of the exposure draft of the CDR legislation marks the start of a tight turnaround in order for the legislation to be passed in March 2019 particularly as the details and associated instruments have yet to be released The CDR regime has been advertised as producing a wide range of ...

Albert Namatjira's family wins decades-long battle for compensation
Insight 31 Oct 2018

The descendants of one of Australia's most well-known artists, Albert Namatjira, have finally received compensation for decades of missed royalties. ...

New APRA prudential standard raises bar for information security obligations and incident notification requirements
Insight 15 Nov 2018

As companies and regulators across the world grapple with ever-increasing cyber security threats, Australia's financial services regulator, APRA, has released the final form of a new prudential standard, which imposes heigtened security obligations for APRA-regulated entities ...

Measuring ‘spilt milk’
Insight 17 Dec 2018

Can food and beverage industry participants be found to have engaged in misleading or deceptive conduct for failure to comply with aspects of relevant regulatory regimes? The Federal Court has confirmed that they can.  ...

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