Federal Court confirms $5.8m penalty against Australian Clinical Labs over data breach
The Federal Court has confirmed Australian Clinical Labs (ACL) must pay a $5.8m civil penalty along with $400,000 in legal costs to settle proceedings commenced by the Australian Information Commissioner (OAIC).[1] The proceedings arose from the OAIC’s investigation into a cybersecurity attack on Medlab Pathology (Medlab) that exposed personal information relating to approximately 223,000 Australians,[2] […]
ReadmoreContracting for AI calls for a nuanced approach
Taking lead from the immortal words of Wet Wet Wet’s Marti Pellow, it is not ‘love’ but AI that is currently ‘all around us’ …it’s everywhere [we] go…’! Since the hyped introduction of gen AI in 2023, to the wave of experimentation that gripped 2024, experts are calling FY25/26 the year of acceleration of enterprise […]
ReadmoreFinder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture
On 24 July 2025, the Full Federal Court dismissed ASIC’s appeal against Finder Wallet Pty Ltd (Finder Wallet) and ordered it to pay costs.[1] The Court held that the primary judge made no error in concluding that the ‘Finder Earn’ product did not amount to a ‘debenture’ within the meaning of s 9 of the […]
ReadmoreDenmark to let you control the use of your voice and likeness. What about Australia?
If your social media is dipping into uncanny valley territory, you’ve likely found a deepfake. Elegantly described by the eSafety Commissioner, deepfakes are videos, images, or audio showing a real person “doing or saying something that they did not actually do or say”. However, unlike the fakes of yesteryear, new AI technologies are not only […]
ReadmoreDeveloping or procuring AI? Here’s what you need to know
AI tools are bringing paradigm-shifting opportunities that will transform the way we work and interact. In a recent McKinsey survey, 78% of respondents indicated that their organisation uses at least some AI tools – an increase from only 50% prior to the generative AI boom of late 2022, spurred on by the public release of […]
ReadmoreNew mandatory ransomware payment reporting obligations now in force
Introduction Australia has taken a bold step in strengthening its cyber resilience with the introduction of the mandatory ransomware and cyber extortion payment reporting regime under Part 3 of the Cyber Security Act 2024 (Cyber Security Act). Effective from 30 May 2025, this new regime requires certain entities – including businesses with an annual turnover exceeding $3 million and […]
ReadmoreCrypto judgment overturned: Block Earner succeeds in cross-appeal against ASIC
*Article updated as of 22 May 2025 The Full Court of the Federal Court of Australia handed down its much-awaited decision on 22 April 2025, overturning the judgment of Justice Jackman in the Block Earner case.[1] The decision should give digital asset providers and market participants further clarity around the application of the complex financial services regime […]
ReadmoreAANA upping the ante in fight against advertiser greenwashing – new Environmental Claims Code in force from 1 March 2025
Starting from 1 March 2025, Australia’s leading marketing industry body, the Australian Association of National Advertisers (AANA), will be ramping up its efforts against greenwashing in ads and marketing through a new and more extensive Environmental Claims Code (Code), replacing the current version that has been in effect since 1 May 2018. The Code will […]
ReadmoreAustralian government bans DeepSeek: National security déjà vu
After the explosive debut of Generative AI models, particularly in the United States of America, a new contender has recently entered the AI landscape. Despite only being founded in 2023, DeepSeek, a Chinese tech company, has developed an artificial intelligence (AI) model which has drawn significant attention, both from users, governments and various financial markets. […]
ReadmoreBunnings’ use of facial recognition technology found to breach the Privacy Act – What lessons can be learned?
On 29 October 2024, after an almost 2-year investigation, the Australian Privacy Commissioner (Commissioner) determined that retail giant, Bunnings, had, through its use of facial recognition technology at 62 of its retail stores around the country between 6 November 2018 and 30 November 2021, interfered with the privacy of hundreds of thousands of customers.[1] Facial […]
ReadmoreConsumer Express | October 2024 Edition
In our tenth edition of Consumer Express we consider the hot topics facing our consumer clients, including the right to disconnect and what it really means, the first tranche of the new privacy reforms and how to prepare for what’s coming, helpful tips on structuring trade promotions, as well as AI washing. Our regulators have […]
ReadmoreA tectonic shift – Australia’s first dedicated Cyber Security Act
Hot off the heels of its first tranche of reforms to the Privacy Act, the Federal Government has released a raft of cyber security legislation to ‘achieve Australia’s vision of being a world leader in cyber security by 2030’,[1] including Australia’s first dedicated ‘Cyber Security Act.’ Minister for Cyber Security Tony Burke introduced the: Cyber […]
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