On 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-ShawThere has been a wave of provisions being implemented across various sectors to modernise and increase flexibility in formal processes and procedures, undoubtedly largely as a result of the exigencies of the COVID-19 pandemic. In what could be seen as…
Allie UmoffOn 16 March 2022, the High Court of Australia handed down a decision regarding the interplay between insolvency procedures and international treaty obligations. The decision arose out of the administration of the Virgin Australia airline group and concerned obligations under…
Allie UmoffIn a judgment prefaced with an acknowledgement of its significant length, Lee J found that GetSwift Ltd, a publicly-listed technology company and ‘former market darling’,[1] had made selective and misleading ASX announcements to drive up its share price. This reflected…
Mark Giddings and Ashwini RavindranAmong the many significant social and economic consequences of the COVID‑19 pandemic, restrictions on interstate travel and movement have made it more difficult for documents to be witnessed. In response to this, all Australian jurisdictions have taken steps to allow…
Patrick Leader-ElliottIn February 2022, the Australian Government observed that “The critical infrastructure threat environment is worsening, in part, due to an ever-increasing reliance on technology, and increasing interoperability and interdependency between Australia’s most critical assets.”[1] The regulatory landscape for critical infrastructure…
Amy Cooper-Boast and Elizabeth Carroll-ShawIn a recent decision,[1] the High Court allowed a summons to be issued for the examination of a former director of Arrium, notwithstanding that the purpose of the examination was for shareholders to investigate and pursue potential personal claims. This…
Kristy Zander LOAD MORE