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Jun 12, 2024 | 
lexology.com | Julie Cheeseman |Evelyn Park
In our second article of the ‘Reflections on the Lehrmann trial’ series, we discuss the Federal Court of Australia’s prevailing consideration for procedural fairness in the cross-examination of witnesses. This was demonstrated in two examples, where the Court considered whether:it would be ‘just’ to limit the cross-examination of a witness subject to them being questioned by more than one counsel; andan exception to credibility evidence being inadmissible had been satisfied.
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Jun 6, 2024 | 
lexology.com | Hamish Fraser |Julie Cheeseman |Emma Croft |Evelyn Park
On 3 June 2024, the Australian Prudential Regulation Authority (APRA) wrote to all APRA-regulated entities to emphasise its expectations regarding cybersecurity, specifically relating to data backups and protection against data loss. APRA called for businesses to promptly review and address gaps in any practices which could impede system restoration during the restoration phase of a cyber incident.
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Jun 4, 2024 | 
lexology.com | Chris Clarke |Aaron Chan |Jonathon Ellis |Julie Cheeseman
Companies face ever-growing risks and threats in cyber security, including by way of phishing and ransomware. Given the continuous disclosure obligations placed upon on ASX-listed entities, it is critical that companies have appropriate guidance in relation to their disclosure obligations as they relate to data breaches and prepare for cyber security incidents as they occur.
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May 13, 2024 | 
lexology.com | Shane Barber |Kristy Smith |Ethan Aitchison |Hamish Fraser |Belyndy Rowe |Chris Clarke | +13 more
Riding the wavePeak issues in Australian lawMay 2024ContentsForeword Employment Technology and communications Corporate Intellectual property Competition and regulatory Sport Disputes and investigations PropertyPage3 4 5 6 7 8 9 11 122Bird & Bird LLPMay 2024ForewordAs we approach our 10th anniversary in the Australian market, there is much to celebrate.
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May 3, 2024 | 
lexology.com | Julie Cheeseman |Emma Croft |Jeremy Maybloom
On 1 May 2024, the Australian Government announced that some of the (agreed in-principle) proposed changes to the Privacy Act 1988 (Cth) (‘Privacy Act’) will be fast-tracked to be put to Parliament in August 2024.
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Jan 11, 2024 | 
lexology.com | Julie Cheeseman |Madelaine Morgan
Cross-border data flows and the extra-territorial application of data privacy laws: Some thoughts from Down UnderIn Part 1 of this article series, we consider some of the cross-border compliance and enforcement risks which can arise when cloud data centres are used to hold and process personal information. We do so through the lens of Australia’s privacy laws.
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Nov 21, 2023 | 
lexology.com | Julie Cheeseman |Jonathon Ellis |Jonathan Tay |Evelyn Park
Over the last 12 months, the discourse around the cyber threat landscape in Australia has accelerated in the wake of high-profile cyber incidents. The risk profile for organisations has also evolved, with the commencement of class action proceedings against organisations subject to these cyber attacks, such as Singtel Optus Pty Ltd (Optus) following a data breach in September 2022 (Optus Data Breach).
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Nov 9, 2023 | 
lexology.com | Julie Cheeseman |Emma Croft |Jonathon Ellis |Hamish Fraser
As noted in our article, regulation of data has emerged as a key focus for Australian regulators in recent years. Consistent with this, on 3 November 2023, the Australian Information Commissioner (AIC) commenced Federal Court proceedings against Australian Clinical Labs (ACL) in respect of a data breach which occurred in February 2022, alleging that it had ‘seriously interfere[ed] with the privacy of millions of Australians’.
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Nov 6, 2023 | 
lexology.com | Julie Cheeseman |James Hoy |Emma Croft
Recent developments regarding CSEA transparency notices and registration of various industry codes for class 1 material Key Points Since the Online Safety Act 2021 (Cth) (the Act) came into force in January 2022, Australia’s eSafety Commissioner (Commissioner) has: issued two sets of transparency notices to large technology multinationals; published two transparency reports regarding child sexual exploitation and abuse (CSEA) material, a particularly high risk and highly harmful issue that...
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Aug 30, 2023 | 
lexology.com | Julie Cheeseman |Emma Croft |Jonathon Ellis |Tannu Gagguturu |Jonathan Tay
A number of key trends emerged over the past year (or were foreshadowed for the year ahead) in the commercial disputes space which will have significant implications for businesses operating in Australia in terms of increasing the risk of both consumer and regulatory litigation and the potential for higher penalties in areas such as privacy and competition.
