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Contract Law Update 2017
The phrase ready and willing to perform a contract is very familiar to lawyers But what exactly does it mean and why is it important The NSW Court of Appeal gave the answer last year in one of many interesting appellate decisions summarised in our annual Contract Law Update Some other principles ...
Dealing in data: cybersecurity in an M&A context
The cyber resilience of companies and their history of data breaches is increasingly having a significant impact on the headline price post-completion deal value and risk-allocation profile of MA transactions With the notifiable data-breach scheme and the GDPR taking effect earlier this year there ...
ALRC's class action report - a 'canary in the coal-mine'?
The Australian Law Reform Commission has released its much-anticipated final report on class actions and litigation funding which makes a broad range of recommendations intended to bring the modern class action landscape back into line with the regimes original objectives Partners Jenny Campbell and ...
Contract Law Update 2018
This Insight examines the latest developments in contract law ...
Class actions and emerging issues
The nature of Australia's class action landscape has fundamentally changed since the outset of the regimes. ...
Full Court dismisses Port of Newcastle access appeal
The Full Federal Court has dismissed the Port of Newcastles application for review of the Australian Competition Tribunals decision to declare the Ports shipping channel service under the National Access Regime The Full Courts decision confirms the interpretation of the current declaration criteria ...
Defamation law developments in the digital context
The NSW Attorney-General has released the long-awaited statutory review of the Defamation Act 2005 (NSW), recommending that consideration be given to certain changes to the Model Defamation Provisions that form the basis for the National Uniform Defamation Law. The High Court's decision in Trkulja v ...
Hot off the press: Key takeaways from the OAIC's Data breach preparation and response guide
On Tuesday 20 February the Office of the Australian Information Commissioner OAIC published a comprehensive new guide to the Notifiable Data Breaches NDB Scheme The Data breach preparation and response guide consolidates information from the OAICs Data breach notification - A guide to handling ...
Ransomware: The year in review
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 ...
Should you pay a cyber criminal's ransom?
With ransomware attacks affecting six out of 10 Australian organisations1 businesses are being forced to decide whether to concede to the ransom demands of cyber criminals in order to regain access to critical data However with no guarantee that payment of a ransom will release their data businesses ...