Articles and Legal Updates

Non-disparagement clauses in standard form contracts deemed to be unfair contract terms by the ACCC – June 2018

By Katarina Klaric (Principal) and Emma Contebardo (Lawyer), Stephens Lawyers & Consultants  Negative or disparaging online reviews can result in substantial damage to a business’ reputation and also loss of revenue.  Where reviews are false, defamatory or not genuine, businesses can take legal action to have the reviews taken down and claim compensation. Some businesses… Read More

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Compensation & Penalties for Privacy Data Breaches under the Privacy Act 1988 (Cth)

by Katarina Klaric, Principal & Director, Stephens Lawyers & Consultants Data breaches involving an individual’s personal, medical and financial/credit information can result in reputational damage and financial losses. The Australian privacy law provides for an individual affected by a data privacy breach to seek compensation from the organisation involved in the breach. The individual may… Read More

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Privacy & Risk Management – Information Sheet 3 (Updated March 2020)

Risk Management: Data Protection and Privacy Compliance Privacy compliance and data breach risk management is too often not taken seriously by Australian organisations. The complexity of organisational structures and IT business systems in many instances results in management not knowing what data is collected by whole of business and how the data is managed. Privacy… Read More

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Defamation of a Business: Maintaining a strong business reputation (March 2020)

  Stephens Lawyers & Consultants – Information Sheet (March 2020) by Katarina Klaric, Principal & Director, Stephens Lawyers & Consultants A strong business reputation, is crucial in today’s online and social media environment. Maintaining a good on-line business reputation assists a business in: Maintaining and attracting new customers and business opportunities, Retaining staff and attracting… Read More

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Compensation for Privacy Breaches – Summary of Cases (2016—2019) Determined by the Australian Information Commissioner and Privacy Commissioner

Stephens Lawyers & Consultants provides a review of the compensation awarded in determinations made during the years 2016-2019 by the Office of the Australian Information Privacy Commissioner in relation to privacy breaches.  Case Summaries provided after the Table of Cases. CASE PRIVACY PRINCIPLES BREACHED COMPENSATION RECEIVED ‘RC’ and TICA Default Tenancy Control Pty Ltd (Privacy)… Read More

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Damages for Online Defamation – Recent Cases [2015 to October 2019] – Updated Oct 2019

Katarina Klaric, Principal, Stephens Lawyers & Consultants * Publication of defamatory comments on websites, social media and business networking platforms such as Facebook, Twitter, Instagram and LinkedIn are becoming increasingly common and are causing devastating harm to both personal and business reputation and business losses.  Some of the defamatory material published is of such an… Read More

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Damages for On-line Defamation – Recent Cases [2015 to June 2018] – Updated June 2018

Katarina Klaric, Principal, Stephens Lawyers and Consultants* Publication of defamatory comments on websites, social media and business networking platforms such as Facebook, Twitter, Instagram and LinkedIn are becoming increasingly common and are causing devastating harm to both personal and business reputation and business losses.  Some of the defamatory material published is of such an extreme… Read More

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AI Generated Works and Copyright Protection (August 2019) *

by Katarina Klaric, Principal, Stephens Lawyers & Consultants  A.        Introduction Businesses using AI computer systems or technology to generate literary or artistic works such as reports, directories or other compilations, databases, computer software, digital images, designs or plans,  are at risk of not having copyright protection. In Australia, such works will not… Read More

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ACCC: Compliance and Enforcement Priorities for 2019 – Legal Update

The Australian Competition and Consumer Commission (ACCC), the agency responsible for enforcement of competition, consumer and product safety laws in Australia has issued its 2019 Compliance and Enforcement Policy[i].    The ACCC’s focus will remain on product safety issues likely to cause serious harm to consumers and on conduct that will or has the potential to… Read More

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Cloud Computing – Information Sheet – Understanding and Managing Risks

(March 2019) Companies are increasingly using software applications and tools, data storage and back up  services which are provided as cloud based solutions (“cloud services”).    The internet is used to access cloud based applications or tools, upload, download, execute, process and share data and content, all of which is processed and stored on external servers… Read More

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