Insights + Resources

Our original content publications about general law, disruption and transformation, categorised by: Data, Privacy + IP; Digital + Media; and Corporate + Commercial.
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Corporate Law Update: High Court Sounds a Warning to Directors Providing Financial Assistance to Shareholders

Following a recent High Court case, companies should be aware of adopting too narrow an interpretation of the “financial assistance” provisions...

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Handle with care: owner drivers get new protections

Amendments to the Owner Drivers and Forestry Contractors Act create new protections for gig economy workers transporting...

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The Power of the Platform: ACCC Takes Aim at Facebook & Google

In June 2019, the Australian Competition and Consumer Commission (‘ACCC’) released its’ final report from the Digital Platforms Inquiry...

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Corporate + Commercial

IP Rights Holders beware! Changes to Competition Laws

The repeal of the so-called “IP exemption” from the Competition and Consumer Act could significantly impact commercial dealings in IP rights....

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Blocking the exits: Directors’ rights to decline share transfers

Under Australian law, directors of companies typically have unilateral powers to reject transfers of shares by shareholders. However, below we...

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Get your records straight! ASIC record-keeping obligations and penalties

Officers have legal obligations under Australian law to keep information on ASIC registers up to...

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Your freelancer has arrived: Australian Uber drivers held not employees

In much-publicised proceedings, the Fair Work Ombudsman has found that Uber drivers are independent...

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Watch your wall: Businesses liable for defamatory Facebook comments

A decision in the Supreme Court of New South Wales has paved the way for businesses to be held responsible for publishing defamatory comments by...

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Contractual lock-in? Terminating contracts without a clause

Contracts form the backbone of almost all commercial arrangements, binding parties to perform their specified duties. But when does a breach or...

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Insolvent trading and the position of Australian directors

Under Australian law, board directors have a duty to prevent insolvent trading by corporations. Though certain exceptions may apply, failure to do so...

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Illegal phoenix activity targeted by new corporate law reforms

New reforms currently before Parliament seeks to give the Phoenix Taskforce more power to prevent illegal...

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Privacy Act to be seriously strengthened by proposed amendments

The Attorney-General, Christian Porter, has announced a proposal for making the Privacy Act 1988...

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Does wi-fi sniffing breach Australian privacy law?

‘Wi-fi sniffing’ can be used to generate useful insights for businesses without breaching data protection laws. However organisations...

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James C Edwards
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Creating a modern commercial law firm and a healthy workplace

In this podcast, James is interviewed by Beyond Billables about the ideas behind Edwards + Co...

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The EU Copyright Directive: Meme killers, link taxes and other controversies

On 14 September 2018, the European Parliament voted to pass the controversial European Union Directive on Copyright in the Digital Single Market...

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Google cops world’s biggest data fine

GDPR enforcement is ramping up. The French data protection authority CNIL has just fined Google €50 million, the world’s largest data...

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The rise of the gig economy and DDIs: a tough gig for lawmakers globally

With the gig economy and DDIs here to stay, legal systems scramble to address these new...

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Regulating the gig economy and DDIs: snapshot studies of Uber and Airbnb

We take a look at the how lawmakers in Sydney and New York are regulating DDIs like Uber and...

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LAWFIT Guides: Is this too personal?

We examine the central definition of ‘Personal Information’ under Australian privacy...

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LAWFIT Guides: Employee records under Australian privacy law

We look at the treatment of employee data under Australian privacy...

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AR and the trailing footsteps of Australian privacy law

We look at how regulators might try and keep up with developments in...

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An update on open banking in Australia

Proposed changes to the Consumer Data Rights (‘CDRs’) to facilitate open banking are another example of the consumer protectionist...

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Cambridge Analytica & Facebook data harvesting controversy

Following a report that data from up to 60m Facebook accounts had been unlawfully used by its’ data partner, Cambridge Analytica, between 17...

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Overview of the Notifiable Data Breach scheme in Australia

The ‘Notifiable Data Breach Scheme’ imposes mandatory obligation on Australian organisations to notify individuals if a data breach that...

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Does the GDPR apply to my Australian business?

The GDPR is a significant milestone for EU privacy law that cements a relatively rigorous privacy compliance regime which can, in certain...

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Security and the cyber giants: The stoush between Google and Symantec

Modern business is increasingly dependent on being able to trust the security and integrity of communications and network infrastructure. The...

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privacy law hacking
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The Ashley Madison affair: Spotlight on cyber hacking and Australian privacy law

The Ashley Madison hack is one of the most significant data breaches in recent history. Whilst the breach was sizeable, the information compromised...

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Are e-signatures valid under Australian Law?

A great strength for modern businesses is being able to negotiate and strike deals quickly and efficiently over the internet. Once they’re...

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Overview of the New Australian Privacy Principles

From 12 March 2014, the new Australian Privacy Principles (‘APPs’) impose a positive obligation on organisations to implement practices,...

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Half a million Facebook users reject new data use policy (but not enough)

Was this all a storm in a virtual teacup or was the 30% voter threshold always an impossible...

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