We all know that technology is continually developing. That development has resulted in vast amounts of personal information being collected and stored digitally by organisations. With that comes an increased risk of cyber threat. Yet, few organisations’ security procedures are as sophisticated as they ought to be, and there are gaps where workplace practices are out of step with the technical controls in place. It is against this background that the Privacy Amendment (Notifiable Breaches) Act 2017 (the Act) was born.Read More
Commercial Law | By Paul Pascoe and Paul Mac
A recent change to the Australian Consumer Law (ACL) aims to alter the landscape of contracts entered into between small and large businesses for the supply of goods or services.
Historically, there has been a trend for large businesses to exert a certain level of clout to effectively push smaller businesses, with less bargaining power, to sign contracts on terms highly favourable to the more powerful parties. However, the scope of protection now afforded under section 23 of the ACL has been expanded to include parties to small business contracts, as well as individual consumers.
The liquidator of Ashala Model Agency Pty Ltd (Company) commenced recovery proceedings against Featherstone, the Company’s shadow director. Relevantly, Featherstone had paid himself using the Company account to clear a loan that he provided to the Company. Featherstone ultimately used that money to purchase a residential property for his de facto partner, who was also the main shareholder of Ashala. The monies paid to Featherstone rendered the Company insolvent.Read More
When a client seeks advice regarding a potential claim, but they do not have sufficient information to allow for meaningful advice to be given, obtaining pre-action discovery against the potential respondent is a useful way to obtain the relevant information to allow for an informed decision as to whether or not to commence proceedings.Read More