LK Insights is a collection of articles and brief analysis and commentary prepared by our team on decisions of interest and important industry developments.


Crypto Assets: Federal Court Refuses Receivers’ Ex Parte Application for Judicial Advice

In Connelly as Receiver and Manager of “Digital Currency Assets” v NGS Crypto Pty Ltd (No 2) [2024] FCA 697 (28 June 2024), Justice Meagher of the Federal Court of Australia refused an ex parte application by the court-appointed receivers…

Stephanie Lo, Madi McCarthy and Larisa Forgac

Double-Edged Dynamics: Psychosocial Risks and Hazards and the Interplay with Workplace Investigations

Poor psychosocial workplace environments pose a $6 billion challenge to the Australian economy.[1] Notwithstanding, compensation claims for workplace psychological injury claims have historically been treated very differently to physical injury claims, with a much lower success rate.[2] The recent implementation…

Madeleine Harland and Claire Clutterham

Outfoxxing Doxxing: Privacy Changes Ahead

The Australian Government has announced that it will bring forward legislation in August this year to tackle the growing issue of doxxing – both to ensure that victims of doxxing have sufficient legal recourse and to deter perpetrators. With public…

Amy Cooper-Boast, Stephanie Lo and Suli Jayasekara

ASIC Secures Landmark Victory Against Greenwashing: Vanguard Admits Misleading Practices

ASIC has won its first ‘greenwashing’ civil penalty action after Vanguard Investments Australia Ltd (Vanguard) admitted in the Federal Court that it had made false or misleading representations, and engaged in conduct that was liable to mislead the public, in…

Kristy Zander

We’re Going to Need to See Some ID: ASIC Brings the First Prosecution under the Director ID Regime

All company directors in Australia are required to verify their identity by way of the director ID regime. A failure by a director to comply with the obligations under the regime exposes that director to the very real risk of…

Stephanie Lo

Courting Change: Treatment of AI-Generated Content by Australian Courts

With the rise of artificial intelligence (AI) has come uncertainty about the appropriate use of AI in the legal profession. While AI can undoubtedly be a useful tool for lawyers and litigants, the benefits of AI must be weighed carefully…

Allie Umoff, Stephanie Lo and Suli Jayasekara

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


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