1-10 of 659 results

Optus class action privilege claims rejected
Insight 31 May 2024

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 ...

Takeaways from recent guidance on cyber incident disclosure obligations for listed companies
Insight 28 May 2024

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. ...

High Court holds that 'fair winds' permit recovery of expenditure wasted in constructing iconic aircraft hangar
Insight 13 May 2024

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

Guide to AI Procurement
Insight 07 May 2024

As generative artificial intelligence moves from pilot to production, organisations are grappling with the push to rapidly procure AI tools while appropriately managing the risks. ...

Licensing emerging process technologies: modern approaches to risk allocation
Insight 08 Apr 2024

Licensing emerging technology is a tempting prospect when navigating decarbonisation and sustainability. We outline the risks of applying standard liability positions when licensing nascent technology; and provide some key risk mitigants for prospective licensees. ...

Patentability of computer-implemented inventions remains unclear
Insight 27 Mar 2024

In this Insight, we unpack Justice Burley's reasoning for the approach taken and consider where this latest judgment (Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 3) [2024] FCA 212) leaves us on this topical issue. ...

Why organisations must embed mental health and wellbeing support into cyber incident response planning
Insight 20 Mar 2024

Mental health and wellbeing support for cyber professionals, incident response teams and staff targeted in cyber incidents, is now essential to cyber risk management and incident response planning. ...

Heralding in a new era – PNG's arbitration regime
Insight 14 Mar 2024

The Papua New Guinea National Parliament recently passed legislation that offers a revamped and modern legal framework to entities seeking to resolve their domestic and/or international commercial disputes through arbitration. ...

AICD's guide for directors on governing through a cyber crisis
Insight 13 Mar 2024

The Australian Institute of Company Directors (AICD) published 'Governing through a cyber crisis: cyber incident response and recovery for Australian directors'. We provide our observations, commentary and suggested next steps. ...

Jumping the starter's gun – what banks and clients utilising derivatives can learn from ASIC's new guidance on pre-hedging
Insight 21 Feb 2024

The Australian Securities and Investment Commission (ASIC) has released guidance clarifying its expectations in relation to a bank, or other intermediary, pre-hedging derivative exposures.   ...

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