Archives for August 2015

The increasing burden of data security

The consequences for an Australian business victim for a breach of cyber security are forecast to exponentially increase. In February 2015 the Parliamentary Joint Committee on Intelligence and Security (Committee) recommended the introduction of mandatory data breach notification scheme (Scheme) by the end of 2015.[1] Whilst the details of the incoming Scheme are currently scant, it is understood that the enacting legislation will have bi-partisan support in federal parliament. [Read more…]

Using Anton Piller orders and employee theft

The loss of confidential information and intellectual property following the resignation or dismissal of an employee can be a serious concern.  The removal of any confidential information or intellectual property by a former employee may constitute a breach of contract, an infringement of copyright or a breach of an equitable obligation of confidence.

Before a course of action can be pursued, evidence is required before any legal remedy can be sought. Often the evidence required is in a form that can be easily disposed of or destroyed, for example files taken from a company computer. In these difficult circumstances you may be able to rely on an Anton Piller order to secure evidence. [Read more…]

Revenge porn – legal options

Revenge porn (Revenge Porn) refers to sexually explicit media that is distributed without the consent of the individual(s) involved.[1]  An act of Revenge Porn therefore involves the recording of video or still images of a person that is usually engaged in sexual acts (Revenge Content) and publishing or threatening to publish it.  A persons participation may be  consensual or non-consensual with the photographer subsequently uploading the Revenge Content to revenge porn websites with links to social media websites with the intent of humiliating the person depicted.

The ubiquity of devices with picture and video capability coupled with social media that has created numerous opportunities for the recording and distribution of Revenge Content.  [Read more…]

What is an advertising sign-off?

In part because the introduction of the Australian Consumer Law gave the Australian Competition and Consumer Commission (ACCC) new tools to investigate and sanction businesses for their advertising practices, businesses are increasingly obtaining legal vetting of their advertising and marketing materials to ensure that they comply with applicable laws. [Read more…]

Productivity Commission’s draft report on the Workplace Relations Framework

The Productivity Commission (Commission) has released its draft report (Report) on the workplace relations framework.

In December 2014 the federal government requested the Commission to undertake an inquiry into the workplace relations framework, with the Commission releasing an issues paper on 22 January 2015. [Read more…]

Federal government outlines proposed crowdfunding rules

The Australian Treasury has today, 4 August 2015, released a consultation paper providing the first details of the impending legislative framework for crowd-sourced equity funding (CSEF) for public companies.  The introduction of a legislative framework for CSEF’s is part of the 2015-16 federal budget package. [Read more…]

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