To care, or not to care: when does a public agency owe a private duty?

By: Patrick Thompson and James Clohesy At a glance The UK Supreme Court has delivered another judgment dealing with when a public authority can owe a private duty of care to members of the public. The decision reaffirms what is becoming a bright line distinction in the UK between cases where the public authority, by […]

Security for costs rejected and enforcement of costs order stayed – analysis of written reasons in Lehrmann decision

By: Georgie Austin, Zoe Burchill and Anthea Dres At a glance On 22 October 2024, Justice Abraham granted Bruce Lehrmann the authority to appeal his defamation case against Network Ten and Lisa Wilkinson. The respondents had sought security in the amount of $200,000 for their costs of the appeal proceeding and this application was subsequently […]

Tort of privacy recognised in Australia

By: Patrick Thompson At a glance In Lynn Waller v Romy Barrett [2024] VCC 962, the plaintiff successfully argued that the defendant breached her confidences and invaded her privacy by disclosing private details from counselling sessions to media outlets, leading to damages awarded. Judge Tran recognised a distinct cause of action for invasion of privacy […]

Federal Court allows Bruce Lehrmann to appeal defamation ruling

By: Richard Leder, Georgie Austin, Blake Pappas and Zoe Burchill At a glance Bruce Lehrmann has been allowed to appeal his defamation case against Network Ten and Lisa Wilkinson. The Federal Court dismissed the requirement for him to pay $200,000 in security costs before the appeal. The initial ruling by Justice Michael Lee found that […]

Victorian government announces replacement of the Victorian Building Authority

By: Andrew Brennan, Sarah Metcalfe, Nick Lux and Jordan Bova At a glance The Victorian government will abolish and replace the Victorian Building Authority following an independent review that found significant management and cultural failures. A new regulator, the Building & Plumbing Commission, will be created by merging the Victorian Building Authority with other agencies, […]

Parental leave – an outline of entitlements and obligations

By: Sian Gilbert, Grace Gunn, Dexter Cabal and Ellie Jongma At a glance Employees entitled to parental leave under the Fair Work Act 2009 (Cth) (FW Act) may take up to 110 days of their 12-month unpaid leave entitlement in a flexible manner in the 24 months following the birth (or adoption) of their child […]

When to hit record – the do’s and don’ts of recording private conversations

By: Richard Leder, Georgie Austin, Blake Pappas and Jessica Bennett At a glance Across Australia, various state and territory laws govern the recording of private conversations and the communication and publishing of such recordings. Before publishing or sharing any recordings, it is crucial to be aware that doing so may not only work against your […]

Current landscape of cyber sanctions in Australia – October 2024

By: Kieran Doyle, Nicole Gabryk, Rakhee Dullabh and Rebecca Wilson At a glance In early October 2024, Australia imposed sanctions on three Russian nationals linked to the Evil Corp cybercrime group. The Cyber Security Bill 2024 aims to strengthen Australia’s defences against ransomware and cyber threats. Businesses must seek legal guidance to ensure compliance with […]

Continued modernisation of New Zealand insurance law

By: Peter Leman and Michael Cavanaugh The Contracts of Insurance Bill continues its progress. We previously reported on its introduction to Parliament here. Most recently, the Select Committee has considered public submissions and produced its report, and the Bill began its second reading. At its second reading last week, the Government commended to the House the Bill with changes […]

Stage 2 Defamation Reforms – the need for uniformity across the defamation landscape

By: Richard Leder, Georgie Austin, Blake Pappas, Zoe Burchill and Isabella Antonino At a glance The Stage 2 Defamation Reforms, building on Australia’s national Model Defamation Provisions, focus on addressing defamation in digital contexts and protecting those reporting criminal conduct. Key aspects of the Stage 2 reforms include: Part A amendments: Targeting defamatory content published […]