Service by crypto – a new use case for NFTs!
In Australia, service of legal documents needs to be effected through the Courts’ relevant civil procedure rules. Often this is personally (in the case of individuals) or at a company’s registered office (under 109X of the Corporations Act 2001 (Cth)). By order of the Court, however, service can be effected by other means – for […]
ReadmoreFederal Court finds RI Advice failed to adequately manage cybersecurity risks
In the landmark decision of Australian Securities and Investments Commission v RI Advice Group Pty Ltd (RI Advice) [2022] FCA 496, the Federal Court found that Australian Financial Services licensee, RI Advice, breached its license obligations to act efficiently and fairly when it failed to have adequate risk management systems to manage its cybersecurity risks. […]
ReadmoreFMCG Express | March 2022 Edition
Welcome to the fifth edition of FMCG Express. Overseen by our new Editor, Partner Breanna Davies, Gadens’ team of contributors provide a snapshot of what’s in store for 2022. We are catching up on issues facing our clients and review potential legal developments in the FMCG space: from analysis of proposed changes to the unfair […]
ReadmoreElectronic execution and modernised meetings under the Corporations Act – here to stay (finally)
With little fanfare, the highly anticipated Corporations Amendment (Meetings and Documents) Bill 2021 (Bill) was passed by both Houses of Parliament in the final sessions of Parliament before the coming Federal Election. The Bill amends the Corporations Act 2001 (Cth) (Corporations Act) and establishes a permanent mechanism to allow companies and registered schemes to hold hybrid (in person […]
ReadmoreOnline Privacy Bill – Privacy reforms for the social media age
The Attorney-General’s Department has released the exposure draft of the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill (Online Privacy Bill). The Online Privacy Bill sets out amendments to the Privacy Act 1988 (Cth) (Privacy Act) to introduce a framework for the development and enforcement of a binding online privacy code (OP Code). […]
ReadmoreBuy Now Pay Later – A changing regulatory landscape
The Buy Now Pay Later (BNPL) industry has been making a lot of noise in recent times, attracting the attention of shareholders, regulators and consumer advocates alike. The industry has nevertheless remained largely unregulated to date, due in part to the proactive measures taken by BNPL providers to self-regulate under the Buy Now Pay Later […]
ReadmoreHow to infringe the Privacy rights of millions of Australians with a few clicks… a cautionary tale by Big Brother and his friends
On 14 October 2021, the Australian Information Commissioner and Privacy Commissioner determined that by using its facial recognition platform to crawl the web to scrape biometric information from various sources on the internet and disclose it through its software, Clearview AI, had breached the privacy rights of millions of Australians.[1] Clearview AI has been described […]
ReadmoreFMCG Express | September 2021 Edition
The first half of the year brought signs that the business malaise post-COVID-19 was beginning to lift, however, we are seeing ongoing disruption facing the FMCG sector. We are finally seeing some green shoots with the end of lockdown on the horizon. In this edition, the team explores the evolution of the digital consumer experience; […]
ReadmoreElectronic signatures are back for the time being
The Federal Government has now passed the Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (Amending Act) which amends the Corporations Act 2001 (Cth) (Corporations Act) to allow for technologically-assisted meetings and the long-awaited electronic execution of company documents. These changes became effective on 14 August 2021. As noted in our previous article, the […]
ReadmoreDirect ‘.au’ domain names are coming. Threat or opportunity?
After being on the cards for several years, the administrator of the .au country code Top Level Domain (ccTLD), au Domain Administration Limited (auDA), has recently announced the launch of .au direct registrations in the ‘second level’ (e.g. gadens.au) effective from 24 March 2022. Separately, the Australian Government is currently reviewing the terms on which it […]
ReadmoreNew ICT Purchasing Framework for NSW Government agencies
The NSW Procurement Board recently updated the ICT Purchasing Framework documentation for the procurement of ICT goods and services. Procurement Board Direction PBD-2021-02 (Direction) came into effect on 1 July 2021 and will become mandatory for all NSW Government agencies from 1 September 2021. The Direction requires a NSW Government agency to use the new […]
ReadmoreUsing Technology for Better Legal Outcomes
“Computers are going to take over certain legal tasks—the practice of law will focus more on advice.” (Ricardo Anzaldua) For lawyers, it is difficult enough to keep up to date with volumes of legislative changes let alone monitor the technological solutions that help us do our jobs better. However, technology aids for lawyers have transitioned […]
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