Read before you tick or click: Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd

On 31 January 2024, the NSW Supreme Court (NSWSC) issued a judgment in the matter of Gispac Pty Ltd v Michael Hill Jeweller (Australia) Pty Ltd, awarding $2.2 million in damages against Michael Hill.  The facts The facts of the dispute, which generally pertained to issues of contract law in an online context, were as …

Major changes to unfair contract terms laws – the regime is here

On 10 November 2023, significant changes to the unfair contract terms (UCT) regime in Australia came into effect. With expanded application and the introduction of significant penalties for infringement, if you haven’t already, now is the time to assess whether your business is caught by this regime and if so, update your documentation accordingly.  What …

Payment Times Reporting Scheme

The Payment Times Reporting Scheme begins on 1 January 2021. While aimed at assisting small businesses when engaging with large business customers, the Scheme has significant implications on negotiated payment terms and compliance obligations for large business customers. Following two inquiries by the Australian Small Business and Family Enterprises Ombudsman in 2017 and 2019 into …

Verification of identity – does it always need to be in person?

[vc_row][vc_column][vc_column_text]Verification of Identity (VOI) is an important safeguard in property transactions, providing certainty about the identity of parties and aiming to prevent fraudulent dealings.  Traditionally, this process has taken place via face-to-face meetings; however, given technological advancements and requirements resulting from the COVID-19 pandemic, verifying a party’s identity virtually is becoming more common. With the …

The 2020 global Zoom boom

The COVID-19 pandemic has brought unprecedented technological challenges, particularly our engagement with others through technology.  Platforms such as, Zoom, Microsoft Teams, Cisco Webex, Google Hangouts Meet, Skype and BlueJeans have become increasingly popular worldwide among businesses and individuals. The global pandemic has changed the vast majority of the population’s behaviour patterns, particularly the manner in …

Mandatory news media bargaining code – is the model right?

Background In April 2020, the Commonwealth Government directed the Australian Competition and Consumer Commission (ACCC) to create a mandatory news media bargaining code, designed to establish a mandatory framework for negotiating and agreeing payments to news content creators by the digital platforms (specifically Facebook and Google) that display and link to that news content (Code).  …

Privacy ‘must haves’ in a digitalised and data-heavy post-COVID economy

It’s been over six months since COVID-19 disrupted the day-to-day operations of businesses in Australia.  As we near the end of 2020, many businesses have now fast-tracked digitalisation across their business models and activities, pivoted to new goods and service offerings, moved business operations and interactions online, distributed their workforce, and implemented COVID-tracing capabilities.  While …

Cybersecurity in the post Covid workplace – stress testing your defences

WHO SHOULD READ THIS Business Owners, CEO’s, CFO’s, CIO’s, CISO’s, Executive Managers, Insurance and Risk Managers. THINGS YOU NEED TO KNOW Cybersecurity must be addressed in the same way as any other business risk to protect critical processes and functions and to ensure business continuity. A robust cybersecurity framework should be supported by a carefully …

Stronger Unfair Contract Terms Regime on the Horizon

Earlier this month, and in an announcement that has been several years in the making, the Commonwealth and state and territory consumer affairs ministers met at the Consumer Affairs Forum and agreed to strengthen Australia’s existing unfair contract terms (UCT) regime to provide further protection for small businesses when entering into standard form contracts. The …

Business Interruption Insurance – COVID-19 Test Case creates opportunity for loss recovery

The outbreak of the COVID-19 pandemic in Australia and overseas has had a hugely damaging economic effect on the business community. Many of these businesses hold Business Interruption (BI) insurance and may have either had claims declined or not pursued them on advice that the policy did not respond. Alternatively, they may not have considered …

Encouraging signs for reciprocal recognition of foreign judgments involving Chinese courts

In a recent Australian court decision, a judgment made by a Chinese court has been recognised and enforced in Australia. This decision, combined with two other Australian court decisions recognising Chinese judgments, could open doors for those holding Australian judgments to seek to enforce their judgment against judgment debtors in mainland China. We recently published …

Schrems II and its implications for data export from the EU

Overnight, the Court of Justice of the European Union (CJEU) released its judgment in Facebook Ireland v Schrems (C-311/18). The case, the judgment of which will have significant implications for exporting data from the EU, was concerned with the legality of the transfer of an EU citizen’s personal data by Facebook Ireland to its United …