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Review into four major banks - money for consultants?
Insight 25 Nov 2016

The Parliamentary Economics Committee released its report following its review into Australias four major banks yesterday Our Financial Services Regulation team has a look at the recommendations in this update ...

Court confirms life easier for default interest clauses post-Paciocco
Insight 06 Dec 2016

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

Significant High Court decision on settlement of regulatory proceedings
Insight 09 Dec 2015

The High Court today held that parties and regulators are permitted to put before the court an agreed position as to the value of a penalty reached as part of a settlement agreement Our Regulatory team reports ...

Registering Indigenous Land Use Agreements - it's all or nothing
Insight 06 Feb 2017

In McGlade v Native Title Registrar, the Full Federal Court has found that the Native Title Registrar does not have the jurisdiction to register an agreement on the Register of Indigenous Land Use Agreements unless the agreement is signed by all registered native title claimants. ...

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 ...

Worth the wait? Release of draft mandatory data breach notification laws
Insight 25 Oct 2016

Following a period of industry consultation the Federal Government has introduced updated legislation that will introduce a mandatory data breach notification scheme The new Bill will amend the Privacy Act 1988 Cth when it comes into force and will apply to all Australian companies currently subject ...

Latest word on competing class actions
Insight 24 May 2019

The NSWSC has selected one of five ongoing class actions against AMP Limited to proceed, making a clear statement that multiple class actions raising similar issues should not be permitted without good reason ...

One click from meltdown - cyber attacks on critical infrastructure
Insight 03 May 2018

Security experts have been predicting for some time that as critical infrastructure networks become smarter more automated and more connected they will also become more vulnerable to cyber threats Reports last week of extensive attacks on critical infrastructure by hackers associated with the ...

The walking dread - fostering cyber awareness in the age of killer viruses
Insight 03 May 2018

If the last decade of zombie movies and TV shows has taught us anything and it has its a check every bathroom stall before sitting down and b it only takes one idiot to leave a door open for a world of hurt to rush in Cybercrime is one of the top three threats in the world aside from natural ...

Reasonable belief or a mere suspicion? Full Court lowers the bar on preliminary discovery applications
Insight 11 Dec 2017

The Full Federal Court has handed down a significant decision on preliminary discovery in a result that will be welcomed by IP owners, as the court has clarified the requirements for a successful preliminary discovery application while emphasising the need for such applications to be met with brevit ...

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