Thought Leadership, Video

Trend Watch: Current state of play – data breach class actions

The 2021–2022 Optus and Medibank cyber incidents have sparked an uptick of litigation in the data breach and privacy class action space, raising important questions for the trajectory of similar matters going forward. In the second instalment of our Trend Watch video series, Cyber, Privacy + Technology partner Nicole Gabryk and Commercial Litigation special counsel […]

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By : Oct 14, 2024 Comments Off on Trend Watch: Current state of play – data breach class actions
Articles

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 […]

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By : Oct 10, 2024 Comments Off on When to hit record – the do’s and don’ts of recording private conversations
Case Alerts

Jury rolled in Lawyer X trial: Victorian Supreme Court provides a refresher on applications for trial by judge alone

By: Richard Leder, Jacquie Goodwin, Blake Pappas and George Kift Gobbo v State of Victoria [2024] VSC 603 At a glance On 23 September 2024, the State of Victoria successfully removed the jury in Nicola Gobbo’s civil trial. In his written reasons delivered on 26 September 2024, Keogh J confirmed that notoriety and publicity are […]

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By : Oct 8, 2024 Comments Off on Jury rolled in Lawyer X trial: Victorian Supreme Court provides a refresher on applications for trial by judge alone
Articles

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 […]

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By : Oct 1, 2024 Comments Off on Stage 2 Defamation Reforms – the need for uniformity across the defamation landscape
Thought Leadership, Video

Trend Watch: Reforms to Australia’s AML regime – what you need to know

The Commonwealth Attorney-General has recently introduced the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2024, aimed at amending the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and repealing the Financial Transaction Reports Act 1998. The proposed changes signal Australia’s strengthened commitment to combatting money laundering and terrorism financing, targeting criminal activity more effectively. For more […]

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By : Sep 26, 2024 Comments Off on Trend Watch: Reforms to Australia’s AML regime – what you need to know
Case Alerts

Court of Appeal rules that survivors of historic abuse can be doubly compensated

By: Richard Leder, Simone Tagliaferro, and Rhyse Collins Comensoli v WQA (a pseudonym) [2024] VSCA 104 At a glance The Victorian Court of Appeal has ruled that social security payments received by a plaintiff are not to be taken into account in quantifying economic loss, even when those payments are not repayable to the Commonwealth. […]

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By : May 28, 2024 Comments Off on Court of Appeal rules that survivors of historic abuse can be doubly compensated
Case Alerts

Consent and confidential communications – an agreement that DOES go hand in hand

By: Richard Leder, Samantha Saad and Michelle Rich HM (a pseudonym) v Sister Mary Monaghan [2024] VSC 257 At a glance In the first judgment of its kind regarding the construction of s32C(1) of the Evidence (Miscellaneous Provisions) Act 1958 (the EMPA), the Victorian Supreme Court ruled that in circumstances where a protected person consents […]

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By : May 23, 2024 Comments Off on Consent and confidential communications – an agreement that DOES go hand in hand
Articles

A warning to other prospective defamation plaintiffs who escape the lions’ den and are tempted to go back for their hat – lessons learned from the Lehrmann case

By: Richard Leder, Georgie Austin, Blake Pappas and Bella Marazita The Federal Court’s decision in Lehrmann v Network Ten Pty Limited (Lehrmann case) serves as another cautionary tale for prospective plaintiffs who are tempted to use defamation litigation as a vehicle to challenge serious allegations of criminal wrongdoing in order to vindicate themselves. The Lehrmann […]

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By : Apr 30, 2024 Comments Off on A warning to other prospective defamation plaintiffs who escape the lions’ den and are tempted to go back for their hat – lessons learned from the Lehrmann case
Case Alerts

High Court considers complex questions likely to impact future institutional abuse decisions

By: Richard Leder OAM and Chris Lawrance Bird v DP (A Pseudonym) At a glance In 2020, DP commenced proceedings claiming damages arising from sexual assaults committed by a Catholic Priest, Father Bryan Coffey, at the home of DP’s parents in Port Fairy in 1971. At first instance, Justice Jack Forest held that the Diocese was […]

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By : Mar 21, 2024 Comments Off on High Court considers complex questions likely to impact future institutional abuse decisions
Case Alerts

High Court confirms material IBAC must provide to safeguard the fairness of adverse findings

By: Richard Leder OAM, Blake Pappas and Deniz Coskundag AB (A Pseudonym) & Anor v Independent Broad-Based Anti-Corruption Commission [2024] HCA 10 At a glance On 13 March 2024, the High Court of Australia delivered a judgment involving IBAC’s obligations under s 162(3) of the IBAC Act 2011 (Cth) regarding the disclosure of “adverse material”. […]

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By : Mar 20, 2024 Comments Off on High Court confirms material IBAC must provide to safeguard the fairness of adverse findings

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