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Jan 21, 2025 | 
herbertsmithfreehills.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue
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Oct 2, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue |Josh Kain |Christine Wong | +4 more
September was a big month in Australian cyber. Regulators and government agencies competed for headlines. Threat activity was prolific. The Australian Financial Review Cyber Summit drew heavyweights from across the sector. And HSF released its 2024 Cyber Risk Survey report!At the Summit, Minister Burke gave us a taste test of upcoming cyber law reform. There was a lot of discussion around the so-called ‘limited use’ provisions, as industry came to grips with the fact it will not offer ‘safe harbour’.
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Sep 2, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue |Josh Kain |Christine Wong | +6 more
We celebrated Corporate Plan season in August, with each of APRA and ASIC noting that cyber resilience is a key area of focus and investment for the 2024-25 period. In the context of persistent delays to Privacy Act reform, the OAIC is focusing on preserving its regulatory remit regarding the NDB scheme.
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Aug 5, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue |Josh Kain |Christine Wong | +4 more
The CrowdStrike/Microsoft outage naturally dominated headlines in July. It will likely have a short-term impact on the insurance market and the cybersecurity market more generally – a market in which one player notably decided to go it alone, after Wiz rejected Google’s takeover offer. Before Minister Tony Burke assumed responsibility for the cyber security portfolio,Minister Clare O’Neil foreshadowed a new bill that would mandate the disclosure of ransom payments if passed.
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Jul 2, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Merryn Quayle |Brendan Donohue |Josh Kain |Christine Wong | +4 more
June started off with a bang, when the OAIC launched proceedings against Medibank for its alleged breach of the APPs. Other regulators were busy too, with ACMA pursuing Optus for non-compliance in relation to its 2022 data breach and APRA clarifying its expectations regarding the adequacy of backups. Data stolen from Ticketek and Victoria Racing Club has reportedly been leaked, and MediSecure has demonstrated the financial distress that a cyber-attack can cause.
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Apr 12, 2024 | 
lexology.com | Brendan Donohue |Patrick Clark
The Australian Government has said it in principle supports the introduction of an economy-wide prohibition on “unfair trading practices”. The change seeks to address “the evolving nature of technology and e-commerce in the modern economy”. Our key takeaways are:Australian Government consulting: The Government has completed its consultation process to assess potential regulatory options, so developments in this area are forthcoming.
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Mar 8, 2024 | 
lexology.com | Cameron Whittfield |Peter Jones |Phillip W. Magness |Merryn Quayle |Brendan Donohue |Josh Kain
Click here to listen to the audio. In this series, we will explore all things cyber, including the legal, regulatory and policy developments that impact corporate Australia. We will do this by speaking to those people who are shaping the Australian legal and regulatory environment. Those who are in the front line of protecting Australian companies from cyber incidents.
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Dec 5, 2023 | 
lexology.com | Elizabeth Macknay |Cameron Hanson |Andrew Eastwood |Graeme Johnson |Kate Cahill |Eunice Park | +12 more
Click here to listen to the audio. Our Australian dispute resolution experts present LPP: The Legal Privilege Podcast, where we unpack the tricky concept of legal professional privilege (LPP) and apply some key principles to practical scenarios.
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Nov 2, 2023 | 
lexology.com | Patrick Clark |Brendan Donohue
Treasury and the High Court in Australia are separately considering statutory unconscionable conduct in the context of systems of conduct, “dark patterns” and technological change. In this article, we explore these two recent developments:Treasury is assessing possible amendments to the prohibition on statutory unconscionable conduct in the Australian Consumer Law or potentially introducing a new prohibition on “unfair trading practices”.
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Sep 19, 2023 | 
mondaq.com | Christine Tran |Christine H. Wong |Brendan Donohue
In the latest episode of the Fireside Podcast Series, Christine Tran, Christine Wong and Brendan Donohue discuss the growing area of
cyber class actions in Australia and the associated regulatory
investigation risks, including current activity, challenges, areas
of reform and practical tips.
Our series charting group actions in Australia brings you the
latest developments in accessible video and podcast form.
