LK Blog

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

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

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

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

Shattering the Mirror: Privy Council Confirms Highly Specific and Limited Scope of Reflective Loss Principle

The recent decision of the Judicial Committee of the Privy Council in Primeo Fund (In Official Liquidation) v Bank of Bermuda (Cayman) Ltd & Anor [2021] UKPC 22 (Primeo) has endorsed the approach of the UK Supreme Court in Marex…

Kristy Zander and Madeleine Harland

Testing the Limits of COVID-19: High Court Rejects Special Leave for Business Interruption Insurance Test Case

On 25 June 2021, the High Court rejected an application brought by the Insurance Council of Australia (ICA) for special leave to appeal against the New South Wales Court of Appeal decision in HDI Global Specialty SE v Wonkana No…

Scott Foreman and Astrid Gillam

DEAL with it: the prima facie approach to a stay of court proceedings in favour of arbitration

A recent decision reiterates the courts’ pragmatic approach to ordering a stay of proceedings in favour of the parties’ dispute being determined by arbitration. In CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC 820, Rees J held that practicality…

Rebecca Yorston and Sam Leeson
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