Malicious or criminal attacks continue to be the main sources of data breaches with 60% of breaches notified during the Period being attributable to such attacks. Notably, phishing and spear phishing were the most effective methods by which entities were compromised. Human error accounted for 35% of notified breaches and systems fault for 5% of notified breaches. 

The pressures on employers are vice-like, how do you comply with requirements of the Fair Work Act to keep accurate attendance records to ensure correct pay, without monitoring employee attendance accurately?

A 6 year old girl made a complaint alleging that the private school she attended interfered with her privacy by inappropriately collecting and retaining videos and photos of her and her schoolwork; publishing or displaying images of her publicly; and not providing access to all personal information the school held about her.

Australia’s highest court the High Court of Australia (“HCA”) has recently confirmed unanimously that a claim for personal injuries arising out of the death of or injury to a passenger in an aircraft (“the incident”) must be brought within two years of the date of the incident pursuant to section 34 of the Commonwealth Civil Aviation (Carriers’ Liability) Act 1959 (“CACLA”).

The decision in Kirman, In the matter of RWE Robinson & Sons Pty Ltd [2019] FCA 372 (Kirman) has clarified and confirmed that receivers, in a concurrent liquidation and receivership situation, have the ability to make payments under section 561 of the Corporations Act 2001 (Cth) (Act).

On 18 April 2019 President Judge Phillips published his decision in RSM Building Services Pty Limited v Hochbaum finding that the bar provided by s 39(1) Workers Compensation Act 1987 to the payment of weekly compensation benefits continues to operate until such time as it is lifted by s 39(2) of the 1987 Act following an assessment in accordance with s 39(3).

As a result of the Productivity Commission’s inquiry into Australia’s intellectual property arrangements, the initial grace period before someone can file a non-use application to remove a registered trade mark has been reduced from 5 years to 3 years.

Modern businesses reject the notion that sexual harassment in the workplace is acceptable. However, confusion about what legally constitutes workplace sexual harassment under Australian law continues and might inadvertently lead to inappropriate behaviour, resulting in claims against employers and individuals.

The Commission has recently confirmed that injured workers are only entitled to one Medical Assessment Certificate with respect to their injury which is used to assess all threshold entitlements unless specific exceptions apply.

Access to Education is considered a basic human right and education providers across Australia strive to support students of all abilities. Unfortunately, issues continue to arise where students believe they have not been adequately accommodated and subsequently initiate action against a service provider.

New tenancy reforms have been introduced in NSW which aim to protect victims of domestic violence who are living in a residential tenancy premises. Effective from 28 February 2019, the new Laws allow for a tenant to terminate their tenancy without penalty and immediately if they or their dependents are subject to domestic violence.

If your work place involves a large site, the use of a drone can be a way monitor many types of risks. 

On 15 February 2019, the Treasurer presented the Foreign Investment Review Board’s Annual Report for 2017-18.

The risk of officers and workers being imprisoned for breaches of WHS legislation has been a possibility for many years but is now becoming a reality.