LK Insights is a collection of articles and brief analysis and commentary prepared by our team on decisions of interest and important industry developments.
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 RavindranIn 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 UmoffOn 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 ClutterhamWhere 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-ElliottAs we have previously commented, the reform of the Security of Critical Infrastructure Act 2018 (Cth) (SOCI Act) over the past year has been a complicated process for critical infrastructure owners, operators, suppliers and other stakeholders. The changes introduced at…
Amy Cooper-Boast, Elizabeth Carroll-Shaw and Ashwini RavindranAs the financial year end approaches, the deadline for filing this year’s Modern Slavery Statements (‘MSS’) will follow close on its heels. For reporting entities with a financial year end of 30 June 2022, their MSS are due by 31…
Kristy Zander, Allie Umoff and Charlotte McGowanOn 5 May 2022, the Federal Court of Australia handed down judgment in ASIC’s first enforcement case in relation to inadequate management of cyber security risks. Justice Rofe (in the Victorian Registry) found that the general duties of Australian financial…
Amy Cooper-Boast and Elizabeth Carroll-ShawIn the recent decision Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5, the High Court considered the circumstances in which an outsider to a contract could seek and obtain declaratory relief as to the meaning and…
Andrew TarnowskyjIn the recent case of Stubbings v Jams 2 Pty Ltd [2022] HCA 6, the High Court confirmed that whilst asset-based lending is not in and of itself an unconscionable lending concept, specific systems or structures adopted by an asset-based…
Madeleine HarlandAs ransomware attacks accelerate in scale, frequency and sophistication, they pose a risk to both legal practitioners and their clients. It is not only government, critical infrastructure and large corporates falling victim: over 60% of Australia’s small to medium businesses…
Brooke Hall-Carney, Amy Cooper-Boast and Elizabeth Carroll-Shaw LOAD MORE