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Unpacking privilege: Can forensic reports after cyber-attacks be shielded from production?

By: Kieran Doyle , Nicole Gabryk and Gavin Davies At a glance The Federal Court rejected Medibank’s claim of legal privilege over Deloitte’s forensic reports, finding they were created primarily for non-legal purposes such as managing ASX disclosures, public relations, and APRA oversight. Privilege was upheld for other materials, including those from CrowdStrike, Threat Intelligence, and […]

By : Joshua Weiler Jun 1, 2025 Comments Off

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High Court of Australia endorses liability cap under Montreal Convention

By: James Cooper, Francois Guillot and Ethan Naylor Evans v Air Canada [2025] HCA 22 At a glance The High Court found Air Canada had not waived its right to limit liability under Article 21(2) of the Montreal Convention, despite language in its Tariff. A waiver of valuable legal rights requires clear, unambiguous wording – […]

By : Joshua Weiler May 29, 2025 Comments Off

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The new Aged Care Act 2024 (Cth): What do “responsible persons” and their insurers need to know?

By: Yen Seah and Samantha Younane At a glance The Aged Care Act 2024 (Cth) comes into effect on 1 November 2025. The Act imposes a new statutory duty on directors and other persons responsible for the executive decisions of aged care providers. This includes those who have authority or responsibility for (or significant influence […]

By : Joshua Weiler May 1, 2025 Comments Off

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Court of Appeal gives Victoria the “green light” for subrogated cladding recovery actions

By: Sarah Metcalfe State of Victoria (Department of Transport and Planning) v L.U. Simon Builders Pty Ltd & Ors At a glance In the subrogated recovery action brought by the State of Victoria against LU Simon and its directors in the County Court of Victoria (CI-23-03724) LU Simon argued that the State could not be […]

By : Joshua Weiler Apr 28, 2025 Comments Off

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Proposed ban on non-compete clauses: What employers and insurers need to know

By: Sian Gilbert and Charli Kearney At a glance The Albanese Government plans to ban non-compete clauses for employees earning under $175,000, with changes expected to take effect in 2027. Businesses will need to consider stronger confidentiality and non-solicitation clauses, and tailor restraints for senior or high-risk roles. The change may reduce some litigation but […]

By : Joshua Weiler Apr 16, 2025 Comments Off

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Decommissioning offshore installations in Australia: Legal and contractual issues

By: Naraya Lamart and Ollie van der Zee At a glance Decommissioning is a necessary and planned stage in the life of every offshore petroleum project, requiring consideration from the outset and ongoing development throughout the project’s life. Over the next 50 years, Australia is expected to see USD40.5 billion in offshore decommissioning activity, primarily […]

By : Joshua Weiler Apr 14, 2025 Comments Off

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Whodunnit: Labour hire and vicarious liability

By: Angela Winkler and Chad Farah De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56 At a glance The Court of Appeal upheld that DMG was vicariously liable for the unidentified worker’s negligence, based on circumstantial evidence showing the worker was likely DMG’s direct employee. The Court overturned the trial judge’s finding and […]

By : Joshua Weiler Apr 9, 2025 Comments Off

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GCOs, CFOs and soft class closure: The High Court weighing in on key class action issues

By: Amanda Beattie, Jonathon Ferraro and Madeleine Wright At a glance High Court Decision on GCOs: The High Court ruled that Group Costs Orders (GCOs) issued by the Supreme Court of Victoria (VSC) are not enforceable in other courts, influencing jurisdictional decisions in class actions. BlueSky Class Action Challenge: The Court is reviewing whether solicitors […]

By : Joshua Weiler Mar 19, 2025 Comments Off

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PFAS litigation: A deep dive into the rise of consumer-led claims and its implications

By: Amanda Beattie, Zoe Jones and Nick Salagaras At a glance In December 2024, a consumer-led PFAS class action was filed against 3M Australia Pty Ltd in the Supreme Court of Victoria. Despite significant US litigation, this marks the first class action against 3M in Australia related to PFAS contamination and the first consumer-led PFAS […]

By : Joshua Weiler Mar 12, 2025 Comments Off

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Is your MSA fit for purpose? Key legal issues for MSPs

By: Nick Martin At a glance As a provider of technology services and solutions, how well do you understand the legal issues and risks that your Master Services Agreement, or other standard form contract document (MSA) should cover and protect you against? When was your MSA last updated? How often do you have to change […]

By : Joshua Weiler Feb 28, 2025 Comments Off

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