The Supreme Court of Western Australia has held that under that states security of payment legislation an adjudicator does not have the power to make a determination that requires an applicant to pay the respondent money by reason of any counterclaim raised in the adjudication An adjudicator may ...

A recent decision of the High Court confirms the scope of arbitration clauses that refer disputes under a deed or agreement can be broad enough to capture disputes about the validity of the agreement ...

Last year was a big year for cybersecurity Organisations were forced to grapple with an increasingly complex regulatory environment as governments across the globe continued to navigate how to best protect personal information in the face of increasingly sophisticated cybersecurity threats We look ...

One of the emerging battlegrounds for brand owners is video games, particularly with the growth of virtual reality applications. A recent claim made in the US illustrates how having your brand featured in a video game can be a problem - but depending on the circumstances, it could also present a com ...

Five V Capital, an Australian private equity firm, will invest $50 million into the tech business, taking a significant minority interest. Penten is expected to use part of the proceeds to support ...

The Full Federal Court has refused Optus' appeal from a Federal Court decision rejecting its legal privilege claim over a factual investigation report commissioned in response to a data breach, on the basis that Optus had not established that the report was prepared for the dominant purpose of legal ...

In this Insight, we examine the guidance note and related developments and offer our view as to when disclosure (for the purposes of the ASX listing rule requirements) of cyber incidents should generally only occur. ...

Ransomware is big business as cyber criminals increasingly transition from a business model focused on the theft of data to one predicated on extortion Remarkably however the use of malicious software to elicit a financial benefit is not new with the first recorded outbreak of ransomware occurring ...

In this Insight, we examine the differences between the various judges' reasoning and lay out what the implications are in practice. ...

The Federal Government is seeking feedback on a proposed new licensing regime for crypto asset secondary service providers (CASSPrs) and new requirements regulating custody of crypto assets. The new regime would potentially sit alongside the existing AFS licensing regime, with possible overlap and inconsistency in treatment of service providers. The Government is also seeking early views on how crypto assets should be defined and categorised as part of a 'crypto mapping' exercise. The consultation period runs until 27 May 2022. ...