Commercial law

  • OAIC publishes new guidance for under-16s social media ban

    OAIC publishes new guidance for under-16s social media ban

    On 10 October 2025, the Office of the Australian Information Commissioner (OAIC), led by Privacy Commissioner, Ms Carly Kind, released a twenty-nine (29) page Privacy Guidance on Part 4A (Social Media Minimum Age) of the Online Safety Act 2021 (New Guidance).  This New Guidance details the privacy obligations for Age-Restricted Social Media Platforms (Restricted Platforms)…

  • Aust Clinical Labs fined $5.8mil for failing to report data breach

    Aust Clinical Labs fined $5.8mil for failing to report data breach

    On 8 October 2025, the Federal Court published the judgement of Justice Halley in the case of Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224 (AIC v ACL).  Australian Clinical Labs Limited (ACL) was ordered to pay $5.8 million in civil penalties in relation to a 2022 data breach.  This…

  • Accounting standards matter: the company’s obligation

    Accounting standards matter: the company’s obligation

    Australian accounting standards (Accounting Standards) are often considered solely the domain of auditors and accountants.  However, they are a crucial aspect of corporate law and governance in Australia.  For directors, officers, and their professional advisers, the key issue is not the technical details of the Accounting Standards, but rather their legal enforceability.  A failure to…

  • Federal Government releases report into age verification trials

    Federal Government releases report into age verification trials

    On 31 August 2025, the Australian Government published the Final Report (Report) on the Age Assurance Technology Trial (Trial).  Conducted by the independent Age Check Certification Scheme (ACCS), the Trial offers insights into the technical feasibility, privacy implications, and operational deployment capabilities of various age assurance technologies.  While the Report explicitly states it is neutral…

  • When a thumbs up emoji means accepting an offer

    When a thumbs up emoji means accepting an offer

    In a time where communication increasingly takes place through text messages and social media platforms, the legal recognition of non-traditional expressions, such as emojis, presents a potential evolution of the doctrine of acceptance in contract law.  The 2023 Canadian decision by the Saskatchewan Court of King’s Bench (Court) in South West Terminal Ltd v Achter…

  • What is an indemnity clause?

    What is an indemnity clause?

    The word indemnity, in its’ legal context, is defined as “legal protection against liabilities arising from one’s actions.”  An indemnity clause therefore, represents the contractual embodiment of this definition, serving as a formal mechanism which protects one party from the from the actions or inactions of another.  In effect, it enables parties to allocate risk…

  • What is the US Take It Down Act?

    What is the US Take It Down Act?

    The Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (Take It Down Act ) is a United States (US) federal law enacted on 19 May 2025. The Take It Down Act amends 47 U.S. Code § 223 (Code) of the Communications Act 1934 (US) (Communications Act) by establishing new…

  • Introduction to the Trusts Bill 2025 (Qld)

    Introduction to the Trusts Bill 2025 (Qld)

    On 1 May 2025, the Trusts Bill 2025 (Qld) (Bill) passed its final reading before the Queensland Parliament and, at the date of this article, awaits royal assent.  When in force, the Bill will completely replace the current Trusts Act 1973 (Qld) (Act) to reflect the recommendations of the Queensland Law Reform Commission’s 2013 review of the…

  • What are unrealised capital gains?

    What are unrealised capital gains?

    An unrealised capital gain refers to an increase in the value of an asset that has not yet been sold or disposed of.  In Australia, capital gains are taxed on assets which have increased in value when they are sold and the gain is realised, however the proposed Treasury Laws Amendment (Better Targeted Superannuation Concessions)…

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