Australia launches AI Safety Institute and releases National AI Plan
The Labor government has recently announced the launch of the Australian AI Safety Institute (AISI), a national watchdog dedicated to ensuring the safe and responsible development of AI in Australia. The government will begin rolling out the AISI in early 2026. The AISI has been developed to oversee the deployment and regulation of AI technology […]
ReadmoreNo likes before sixteen: Australia’s social media minimum age restriction
On 10 December 2025, Australia became the first country to enforce a minimum age requirement for social media accounts. This landmark reform introduces the Social Media Minimum Age obligation (SMMA) under Part 4A of the Online Safety Act 2021 (Cth) (OSA), requiring platforms to take reasonable steps to prevent users under 16 from creating or […]
ReadmoreConsumer Express | October 2025 Edition
In the October 2025 edition of Consumer Express, we explore the latest legal and regulatory developments impacting the consumer sector, with a focus on the emerging trends and challenges our clients are navigating. This edition covers the continued growth in online retail spending, driven by the rise of mobile-first shopping experiences, as well as the […]
ReadmoreFederal 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 […]
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 […]
ReadmoreFull Federal Court decision in BPS Financial litigation – More questions than answers for AFS licensees and authorised representatives?
In the latest development in ASIC’s litigation against digital asset business BPS Financial Ltd (BPS), on 30 May 2025 the Full Federal Court has allowed ASIC’s appeal against the primary judge’s decision that BPS was entitled to rely on the widely utilised ‘authorised representative’ exemption (AR Exemption) in section 911A(2)(a)(i) of the Corporations Act for […]
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 […]
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 […]
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