LK Blog

The LK Blog aims to provide timely analysis and commentary on decisions of interest from the leading appellate courts and important industry developments.

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Clean as a Whistle: ‘Compliance Gaps’ in Whistleblower Policies and Programs Should be Addressed Now, to Avoid Regulator Action in 2022

Australia’s mandatory laws for corporate whistleblowing policies mark their second anniversary this month. As ASIC flags its intention to target non-compliance in 2022, companies should be taking a close look at the extent to which their whistleblower policies and programs…

Amy Cooper-Boast and Fiona Luu

Parliamentary Report Considers Reforms to Australia’s Space (Launches and Returns) Act 2018

At the end of last year, the House of Representatives Standing Committee on Industry, Innovation, Science and Resources (Committee) handed down its report into Australia’s space industry and the associated legal framework: ‘The Now Frontier: Developing Australia’s Space Industry’. The…

Mark Giddings, Sophie Howe and Ashwini Ravindran

DC of Taxation v Huang: High Court Confirms Broad and Flexible Approach to Freezing Orders over Foreign Assets

In the recent decision of Deputy Commissioner of Taxation v Changran Huang [2021] HCA 43, a majority of the High Court of Australia confirmed the Federal Court of Australia’s power to make freezing orders over assets outside of Australia did…

Stephanie Lo

The Way The (Data) Cookie Crumbled: Lloyd v Google LLC, and How Australia is Tackling Privacy and Data Breach Litigation

Judgment was recently handed down by the Supreme Court (the UK’s final court of appeal for civil cases) in the important decision of Lloyd v Google LLC [2021] UKSC 50; [2021] 3 WLR 1268. The decision challenges the notion that…

Amy Cooper-Boast and Brooke Hall-Carney

Arbitration and Dispute Resolution in the Space Sector

Kristy Zander, Brooke Hall-Carney, Nick Gallus and Mark Giddings of LK spoke with Melissa de Zwart, Professor at the Jeff Bleich Centre for the US Alliance in Digital Technology, Security & Governance at Flinders University, on Arbitration and Dispute Resolution…

Mary-Louise Rahaley

Are You a Company Director? You’ll Now Need a Director ID

Company directors in Australia are now required to verify their identity by way of the new director ID regime. All directors of a company, registered Australian body, registered foreign company or Aboriginal and Torres Strait Islander corporation will need a…

Stephanie Lo

Australian Regulators Crack Down on Companies Promoting Goods Purported to Prevent COVID-19

Since COVID-19 was declared a pandemic in March 2020, Australian regulators have been targeting companies that advertise or sell products with purported but unproven preventative or curative effects with respect to the COVID-19 virus. In a notable example, the Therapeutic…

Madeleine McCarthy and Mark Giddings

Testing the Limits of COVID-19: Federal Court Delivers its Judgment in the Second Business Interruption Test Case

On 8 October 2021, Justice Jagot handed down the Federal Court of Australia’s first instance decision in Swiss Re International Se v LCA Marrickville Pty Limited [2021] FCA 1206 (Swiss Re International Se). This decision is the second business interruption…

Scott Foreman and Astrid Gillam

Billion Dollar Satellite Dispute Rages on a Decade After it Began

The dispute between the privately held Devas and the Indian Government owned Antrix over a satellite deal gone wrong makes for compelling drama. Ten years after the dispute began, and after numerous arbitral awards and court actions sprawling across multiple…

Mark Giddings and Sophie Howe

Third Party Funding Under the New ACICA Rules: Can Claimants Have Their Cake and Eat It Too?

A far cry from the traditional illegality of champerty and maintenance, claimants and arbitral institutions alike continue to embrace third party funding arrangements.  Despite arbitration being heralded as a cost-effective alternative to litigation, many complex commercial arbitrations remain costly and…

Liam McInerney and Lisa Loechel
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