By: Amanda Beattie, Dylan O’Keefe and Samantha Younane The power to make soft class closure orders came under scrutiny in 2020 (following the NSW Supreme Court decisions in Haselhurst1 and Wigmans2) but recent decisions suggest that soft class closure orders are back. Late last month, the respondents in the FX class action3 were successful in obtaining […]
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? […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
