Senate Select Committee on Fintech and Regulatory Tech publishes interim report

The need for permanent corporate law reforms for virtual company meetings and electronic communications and signatures by companies – Senate Select Committee inquiry on Financial Technology and Regulatory Technology interim report and recommendations. In September 2020, the Senate Select Committee inquiry on Financial Technology and Regulatory Technology (Committee) released its interim report. The preliminary recommendations […]

Readmore

The Singapore Convention Has Now Entered Into Force

Purpose One of the major roadblocks for parties contemplating mediation of cross-border commercial disputes has been the uncertainty, cost and/or delay in enforcing a breach of a term of mediated settlement agreement. This has often resulted in parties to a commercial cross-border dispute resorting to court/curial focused litigation or indeed foreign arbitral proceedings which are […]

Readmore

Webinar | Cyber Security in 2020

The Victorian Society for Computers and the Law (VSCL) and the North American Australian Lawyers Alliance Incorporated (NAALA) present Cyber Security in 2020. Moderated by Paul Cenoz, President of the NAALA, the panel navigated an insightful discussion of the current state of cyber security, including Australia’s Cyber Security Strategy 2020; best practice in regards to […]

Readmore

Webinar | Anatomy of an ICT project

This hypothetical case study, grounded in deep experience with public entities Australia-wide, will highlight common risks and pitfalls of critical ICT projects in the public sector. These expensive and vital projects all too frequently fail to deliver key outcomes and expose participants to extraordinary risk. This session will address the optimal framing of a public […]

Readmore

Changes to exemptions to the Electronic Transactions Act 1999 (Cth) yield mixed bag for banking industry

On 29 July 2020, the Commonwealth Government passed the Electronic Transactions Regulations 2020 (Cth) (Regulations), with changes to the scope of Commonwealth legislation that were wholly or partially exempt from the provisions of the Electronic Transactions Act 1999 (Cth) (Act) (Electronic Transactions Act). Exemption from the Act previously had the effect that requirements for writing, […]

Readmore

ACCC’s scrutiny of APRA’s licence fees and royalties is music to some businesses’ ears

Everybody will be familiar with hearing music playing in the background in shops, bars, cafes and restaurants or on the radio and TV. Unless there are alternative licensing arrangements in place, these businesses are required to obtain and pay for a licence from Australasian Performing Right Association (APRA) to do so. The fees from these […]

Readmore

Consumer Data Right – becoming an Accredited Data Recipient

The Consumer Data Right (CDR) reached a further milestone on 1 July 2020, as the Big 4 banks are now required to share consumer data in response to a consumer request. At present, this includes data from debit and credit cards, and savings and transaction accounts, and from November 2020 will include data from home […]

Readmore

Google’s purchase of Fitbit raises anti-competitive concerns

On 18 June 2020, the Australian Competition and Consumer Commission (ACCC) released its Statement of Issues detailing its preliminary concerns with Google’s proposed acquisition of Fitbit. The ACCC has raised concerns with the proposed acquisition on the basis that it may provide Google with access to large volumes of consumer health data (in addition to […]

Readmore

Don’t play games with Australian consumer rights

The Federal Court has ordered that Sony Interactive Entertainment Network (Sony) pay AUD$3.5 million in penalties as a result of making false and misleading representations to consumers in connection with their rights under the Australian Consumer Law (ACL). Background Sony is incorporated in the United Kingdom and is responsible for the PlayStation Network (PSN). It […]

Readmore

COVID-19 | MSP Webinar Series – Managing data breaches for your customers

During the COVID-19 pandemic there are a number of legal issues affecting the MSP community. For this session of our MSP webinar series (hosted on Friday 22 May), Dudley Kneller, a partner in Gadens’ Intellectual Property and Technology Team, was joined by Blare Sutton of McGrathNicol to discuss how to effectively manage a data breach […]

Readmore

COVID-19 | Stay Cyber Safe

In this joint publication with strategic communications agency Pesel & Carr, we break down how to manage your privacy obligations and communications effectively during the COVID-19 pandemic. There has been an uptick of reports of bad actors using the COVID-19 pandemic for scams, online frauds, and phishing campaigns. With new remote working arrangements and workplace […]

Readmore

Real estate agent email hacked but buyer pays the price

If you have bought or sold a property recently, you probably received a warning about relying on emails directing you to pay money to a particular bank account without first checking with the sender that the email has not been altered. Given the amount of money involved, real estate transactions are a prime target for […]

Readmore