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Class Action Insights
In recent months the funding of class actions has been prominent in the legal press The issues canvassed have included the regulation of third party funders the case for and against lawyers charging contingency fees attempts by lawyers to establish third party funding vehicles the Productivity ...
ALRC Final Report: 'Serious Invasions of Privacy in the Digital Era'
The Australian Law Reform Commission has released its long-anticipated final report on serious invasions of privacy The report proposes that a new statutory cause of action be implemented in a new stand-alone Commonwealth Act If adopted the proposal would have far reaching ramifications for ...
Term of mutual trust and confidence not implied into Australian employment contracts
A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...
Privacy Commissioner reports on Department of Immigration and Border Protection's data breach
The Australian Privacy Commissioner has released a report into the Department of Immigration and Border Protection having breached the privacy of asylum seekers in February 2014 Partner Michael Pattison and Associate Priyanka Nair report on the Commissioners findings and the lessons for all ...
Allens insights: Merit appeals and the need for reform: Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc
In Warkworth Mining Ltd v Bulga Milbrodale Progress Association Inc the NSW Court of Appeal upheld the decision of the NSW Land and Environment Court LEC to refuse approval for the expansion of the Warkworth Mine near Bulga NSW ...
Bank technology failures: A new frontier for regulatory intervention?
The UKs regulatory authorities have imposed the largest ever fines in Europe for technology failures in the financial services industry following a serious IT incident affecting more than 65 million customers in the UK It should serve as a cautionary tale for Australian financial institutions ...
Fighting to protect Fintech innovations
The growth of financial services technology or Fintech as it is now called has exploded in recent years yet many of its creators dont realise that their innovations are patentable ...
Australia's expanding network of investment treaties and investor-state dispute settlement
Australia continues to expand its network of investment treaties In light of this Australian investors should consider a review of the treaty protections that apply to their foreign investments If a treaty includes an investor-State dispute settlement mechanism the investor may be able to resolve ...
Finality: an important objective of class actions
The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...
Further guidance on promoter penalty provisions
The Federal Court has recently had another opportunity to consider the application of the promoter penalty provisions in the Taxation Administration Act The Federal Courts recent decision indicates that the promotion of schemes that are clear and deliberate tax exploitation schemes will result in ...