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AUSTRALIAN REGULATOR WINS CASE AGAINST FINANCIAL SERVICES LICENSEE FOR INADEQUATE MANAGEMENT OF CYBER RISKS
For the first time in Australia, the Federal Court has found that a failure to adequately manage cybersecurity risks constitutes a breach of general …
To register or not...? State of Escape decision reinforces value of design registration over attempts to rely on copyright
For designers and manufacturers launching new products, registered designs are the most appropriate means of protecting the design of, or embodied in, …
It’s just human nature: AI cannot be a patent inventor in Australia
The Full Federal Court has ruled that only a natural person can be an inventor under the Patents Act 1990.In July 2021, a single judge of the Federal …
Increased IT security and resilience standards – ASIC imposes new Australian market integrity rules
Corporate regulator introduces fresh rules in drive to strengthen governance and bolster technological resilience.Earlier this month, ASIC introduced …
First things first: Full Federal Court clarifies the law on patent term extensions
Last week, a Full Court of the Federal Court of Australia handed down two unanimous decisions on appeal, clearing up some key uncertainties in the …
Litigation risks arising from cyber attacks/data breach incidents
Now, more than ever, litigation risk related to data breach incidents is something that should be kept front of mind for businesses.The landscape Over …
Data governance, privacy and trust – a sweet spot for ESG?
Trust is a critical part of any relationship. Businesses’ relationships with their clients and consumers are no different. But the concept of trust in a …
Covid-19 Business Interruption Insurance – Insurers Win Appeals in Second ICA Test Case and Star Casino Claim
The Full Court of the Federal Court of Australia (3 judges) has generally confirmed the first instance decisions in the Second ICA Test Case1 and the …
Bill proposing civil penalties and other changes to unfair contract terms regime introduced to Parliament
This article was originally published on 3 September 2021 but revised with further updates. On 9 February 2022, legislation amending the unfair contract …
Landmark Australian cartel prosecution dropped
Herbert Smith Freehills has defended Citi in a criminal cartel prosecution which was abandoned today by the Australian Commonwealth Director of Public …
Landmark guide to Australian Class Actions addresses landscape evolutions in third edition
Almost 30 years after the introduction of the statutory scheme that paved the way for class actions in Australia, a third edition of the pre-eminent book …
Iluka a successful defendant in Australian shareholder class action
In only the second Australian shareholder class action in which a defendant has prevailed on liability, the Honourable Justice Jagot of the Federal Court …
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