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AI compliance programs: one size does not fit all
Australia does not have any standalone legislation addressing how businesses can safely implement Artificial Intelligence (AI). Use of AI by Australian businesses is, however, regulated, not by a patchwork combination of Federal and State legislation, industry-specific legislation and standards, professional body rules and guidance issued by government departments and other regulators. This article discusses the…
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Mere puffery vs misleading and deceptive conduct – where is the line
In the case of Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54 (ACCC v TPG), the High Court of Australia (High Court) drew a distinction between mere puffery and representations with the intention of marketing. This article explores the decision in ACCC v TPG and the distinction between puffery and…
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Contractual and equitable obligations of confidence
This is an update to the article “Full Court clarifies confidentiality of supplier and contact info” published by Dundas Lawyers on 24 February 2026. On 20 April 2026, the Full Court of the Federal Court of Australia (Court) allowed an appeal in the case of New Aim Pty Ltd v Leung (No 4) [2026] FCAFC…
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AI evidence misleading Court: Ba v Sterling Parts Australia
On 17 June 2026, Symons J delivered judgment in the case of Ba v Sterling Parts Australia Pty Ltd [2026] FedCFamC2G 1245 (Ba v Sterling Parts). Ba v Sterling Parts was a proceeding brought by Weiman Ba (Applicant) in the second division of the Federal Circuit and Family Court of Australia (Court). Symons J dismissed…
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Individual Flexibility Arrangements: an overview
Modern awards and enterprise agreements set out the minimum terms and conditions of employment for most Australian workers performing different roles. The Fair Work Act 2009 (Cth) (Act) provides a mechanism by which an employer and an individual employee may, by agreement, adjust the operation of certain terms in their Award to better suit theircircumstances. …
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White-Anting: An employer’s lawful termination guide
Employees who use White Anting tactics to deliberately undermine management or disrupt workplace harmony may be summarily dismissed, provided the relevant legal conditions are met and a proper process is followed. Following our 28 April 2026 article “White Anting: serious misconduct?“, this article provides practical “how to” steps for employers to lawfully dismiss employees who…
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White Anting: serious misconduct?
White Anting is an Australian term meaning to sabotage, undermine, or destroy an organisation, project, or person from within. White Anting in the workplace often involves the quiet, insidious undermining of a colleague or superior through gossip, withholding information, exclusion, or spreading doubt. White Anting has been recognised by psychologists as a psychosocial hazard and…
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The “right to disconnect” from modern workplaces
The right to disconnect, as contained in Part 8 of the Fair Work Amendment (Closing Loopholes No. 2) Bill (Bill), gives employees the right to refuse contact from their employers (or related parties) outside of their working hours, unless the refusal is unreasonable. The changes in Part 8 amend various sections of the Fair Work…
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Paid family and domestic violence leave for small businesses
The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 (Cth) (Amending Act) provides that employers must provide 10 days paid leave to all employees. Part-time and casuals also eligible. Confidentiality and ability to take leave in single and separate periods must be respected.
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