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Online Safety – is your online business a DIS or a RES?
Whether your online business has to comply with the obligations contained in the Online Safety Act 2021 (Cth) (OSA), and related standards and industry codes will largely depend on how your business is classified because of the functionality it provides to end users in Australia.
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Importance of meta data in discovery – Hamlan v Levonix
The recent copyright case of Hamlan Homes Pty Ltd trading as Hamlan Homes and Geelong Homes v Levonix Homes Pty Ltd (No 3) [2025] FedCFamC2G 565 (Hamlan v Levonix)involved a dispute between Hamlan Homes Pty Ltd 006 313 015 (Hamlan) and Levonix Homes Pty Ltd ACN 168 777 384 (Levonix) that provides insight into preservation…
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Accountant liability in shareholder oppression cases
The Corporations Act 2001 (Cth) (Corporations Act) imposes liability on directors where they engage in shareholder oppression.[1] While this is a director’s duty, third parties may also be held liable for the actions of a director or company where they were involved in the oppressive conduct. Internal and external accountants of a company can and…
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Proposed changes to copyright for orphan works
On 5 November 2025, the Copyright Amendment Bill 2025 (Cth)(Bill) was introduced to the Federal Parliament to amend the Copyright Act 1968 (Cth)(Copyright Act). The media release to the Bill explained that it proposed two (2) reforms to the Copyright Act by establishing Australia’s first statutory “orphan works” scheme and clarifying the permitted use of…
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Bill to allow victims of AI deepfakes to sue for emotional damages
On 24 November 2025, Senator David Pocock introduced a private Senator’s bill, the Online Safety and Other Legislation Amendment (My Face, My Rights) Bill 2025 (Cth) (Bill) to amend the Online Safety Act 2021 (Cth) (Online Safety Act) and the Privacy Act 1988 (Cth) (Privacy Act).
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Malcolm Burrows on ABC’s “Legal Eagles” segment – Deepfakes
On 3 December 2025, Malcolm Burrows appeared live on Katherine Feeney’s ABC Radio program, “Legal Eagles” as the Technology and Intellectual Property Lawyer to discuss the proposed amendments to the Online Safety Act 2021 (Cth) through the introduction of the Online Safety and other legislation Amendment (My Face Rights) Bill (Cth) 2025 (My Face Rights…
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Can a unit trust be wound up by the oppression remedies
The Corporations Act 2001 (Cth) (Corps Act) grants the Courts the power to award remedies under section 233, specifically designed to address situations of oppression within corporate entities under section 232. These remedies, also known as the “Oppression Remedies”, aim to resolve situations where a company’s conduct unfairly prejudices its members or shareholders. While primarily…
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Federal Gov rules out copyright text and data mining exception for AI
On 26 October 2025, the Attorney-General, Hon Michelle Rowland MP, published a media release reiterating that the current Federal Government will not introduce a text and data mining (TDM) exception to copyright infringement in the Copyright Act 1968 (Cth) (Copyright Act). The Attorney-General’s Department will instead engage in further consultations with members of the Copyright…
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