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Privacy Changes in 2024: What You Need to Know to Get Your Business Ready

On 28 September 2023, the Australian Government released its response (Response) to the Privacy Act Review Report. The Privacy Act Review Report, published in February 2023 after more than two years of extensive consultation, made 116 proposals to strengthen Australia’s…

Amy Cooper-Boast, Stephanie Lo and Astrid Gillam

Recognition of a Foreign Insolvency Process and Enforcement of Insolvency-Related Judgments in Australia

Kristy Zander and Sean Pettingill recently published a Practice Note in Practical Law Global on Recognition of a Foreign Insolvency Process and Enforcement of Insolvency-Related Judgments in Australia. The Practice Note aims to provide practical guidance for those looking to…

Kristy Zander and Sean Pettingill

The First Test Cases of Australia’s Whistleblower Protection Laws – Key Lessons

Two sets of proceedings, one concerning private sector whistleblowing and the other concerning public sector whistleblowing, mark the first time in which Australia’s whistleblower protection laws have come before the Courts for scrutiny. Whistleblowers play a significant role in promoting…

Amy Cooper-Boast and Fiona Luu

Obligations and Liability of General Counsel Regarding Defective Disclosure: ASIC v GetSwift (Penalty Hearing)

The Federal Court in ASIC v GetSwift imposed penalties upon GetSwift’s non-executive director who acted as General Counsel in relation to the company’s repeated contraventions of continuous disclosure obligations. The director’s status as a solicitor was relevant to his knowledge…

Mark Giddings and Ashwini Ravindran

The McMillan Review of the Modern Slavery Act 2018 (Cth): Raising the Bar for Reporting Entities

As we approach the end of the financial year, the task of preparing a fourth Modern Slavery Statement creeps onto the horizon for many large Australian companies. This year however, in light of the recent landmark review of the Modern…

Kristy Zander and Charlotte McGowan

The PwC Fallout: The Case for Confidentiality Agreements & Codes of Conduct

The recent events involving Big Four accounting firm PwC have highlighted the need for organisations to revisit existing governance arrangements. Senate Estimates, together with extensive media reporting and statements from PwC’s Chief Executive Partner, have drawn attention to numerous apparent…

Claire Clutterham

Security of Critical Infrastructure Update – Risk Management Programs Rules Switched On

Risk management program obligations have now been ‘switched on’ by the Security of Critical Infrastructure (Critical infrastructure risk management program) Rules (LIN 23/006) 2023 (CIRMP Rules), which commenced on 17 February 2023. These obligations recognise the serious implications that disruptions…

Amy Cooper-Boast and Ashwini Ravindran

High Court Decisions Provide Clarity in Unfair Preference Claims

In two highly anticipated decisions handed down on 8 February 2023 - Metal Manufactures Pty Ltd v Morton [2023] HCA 1 (Morton) and Bryant v Badenoch Integrated Logging Pty Ltd [2023] HCA 2 (Bryant) - the High Court has resolved two…

Allie Umoff

Whistleblower Protection Frameworks: Strategies for Developing Good Practice

On 2 March 2023, ASIC published a report setting out the findings of a 2022 review it conducted of whistleblower programs of seven prominent Australian businesses. ASIC’s report (‘REP 758 Good practices for handling whistleblower disclosures’) can be found here.…

Amy Cooper-Boast and Claire Clutterham

Reporting Employee Theft or Fraud

Where an organisation uncovers evidence of fraud or theft by an employee, there are numerous factors that arise for consideration. Immediate consideration must be given to ending the fraud, preventing any reoccurrence, ascertaining the extent of the fraud and making…

Patrick Leader-Elliott
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