Accessing student and counselling records: Requests to educational institutions

Schools and educational institutions do more than just educate students. They provide support and assist with student welfare needs, such as counselling. Therefore, student records contain more than just academic results and attendances. So how should a school or educational institution respond when it receives requests for records relating to a current or former student? […]

Update to AHPRA’s Social Media Guidelines

By: Chris Spain and Catherine O’Keefe At a glance Between October 2023 and February 2024, at least 60 registered health professionals have been the subject of notifications made to the Australian Health Practitioner Regulatory Agency (AHPRA) because of posts on their personal social media accounts about the ongoing Israel-Palestine conflict. As a direct result of […]

New guidance around accessorial liability for directors and officers

By: Raisa Conchin At a glance In April 2019, the Australian Communications and Media Authority (ACMA) commenced proceedings against Balaska Pty Ltd (Balaska), a solar energy business, and its director, in the Federal Court of Australia. ACMA alleged that Balaska had contravened the Do Not Call Register Act 2006 (Cth) and that the director had […]

Path cleared for the OAIC’s Medibank investigations

By: Amanda Beattie, Kieran Doyle and Gavin Davies At a glance The latest instalment in one of the big stories of 2023 was delivered last week, with the Federal Court dismissing Medibank’s application to enjoin the Office of the Australian Information Commissioner (OAIC) from continuing its investigations into the 2022 cyber-attacks. The OAIC’s investigations can […]

Working from home and the Fair Work Commission’s Modern Awards Review

By: Sian Gilbert and Dexter Cabal At a glance Since the COVID-19 pandemic, many employers have continued supporting working from home as part of the flexible working arrangements they offer. Others have been promoting return to office practices. The Fair Work Commission (Commission) is currently undertaking a review and consultation process to ascertain whether changes […]

New guidance on application of financial services law to cryptocurrency products

By: Stephen Morrissey, Ryan Loney and Jorge Nicholas At a glance In Australian Securities and Investments Commission v Web3 Ventures Pty Ltd [2024] FCA 64 (Block Earner), the Federal Court of Australia handed down one of the first decisions applying existing financial services law to cryptocurrency-based products. The Federal Court held in Block Earner that […]

Class Actions: Ones to Watch – 2023 wrap

By: Amanda Beattie, Dylan O’Keefe and Gavin Davies 2023 Class Actions wrap It feels like we say it every year (and we probably do), but it was another eventful year for class actions in 2023. From the filing of novel claims, such as data breach claims, to the lowest rate yet for a group cost […]

High Court appeal marks increase in Fair Trading Act penalties

By: Misha Henaghan, Joseph Lill and Elliot Copeland At a glance At the end of 2023, a High Court appeal by the Commerce Commission resulted in a Fair Trading Act 1986 (FTA) fine for supplying unsafe goods more than doubling from $87,750 to $195,000. The financial strength of NZME Advisory Limited (NZME) was given weight […]

New recovery opportunities under consumer protection legislation

By: Misha Henaghan, Anna McElhinney and Phoebe Nikolaou At a glance The possible pool of targets for recovery has increased with the New Zealand Court of Appeal recently holding that New Zealand’s Consumer Guarantees Act 1993 (CGA) applies to overseas manufacturers of goods supplied to consumers in New Zealand and the Fair Trading Act (FTA)1 […]

Keep a close ion them: national warning notice is latest reminder of risks from Lithium-ion batteries

By: Jonathan Maher and Aisha Lala At a glance The federal government has just issued a national safety warning notice about the risk of fire from certain LG home energy storage system batteries, which are large Lithium-ion cells. The latest warning notice adds to the 23 recalls between 1 January 2017 and 31 December 2022 […]