The additional requirement to establish “serious harm” in a defamation action was part of the reforms to Australian defamation law which came into effect on 1 July 2021. They were enacted to encourage defamation claims not involving “serious harm” to be resolved without court action. This update provides a review of recent Australian defamation cases where the courts have considered whether the “serious harm” requirement has been established and provides useful guidance on factors that the court will consider in determining “serious harm”.
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Australia’s competition and consumer watchdog, the Australian Competition and Consumer Commission (‘ACCC’), has issued its 2024/25 Compliance and Enforcement Policy and Priorities. The ACCC’s 2024-25 priorities and focus reflect that cost of living issues and the digital economy are key challenges facing Australia’s economy and community.
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The Australian Securities and Investments Commission (ASIC), Australia’s company and financial services market regulator, released its latest Corporate Plan 2023-27. ASIC’s four year plan provides companies and organisations with useful insight into the regulator’s strategic priorities in respect of compliance and enforcement. This update provides an overview of ASIC’s plan.
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Digital economy including digital platforms and on-line market-places continue to be compliance and enforcement priorities for regulators in Australia – including ACCC, ASIC and OAIC. This update provides a review of recent Australian technology cases and ensuing compliance and risk management issues.
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ASIC’s latest Enforcement and Regulatory Update Report (for the period October to December 2023) reveals ASIC’s focus on protecting consumers and Australians generally by targeting digitally enabled misconduct – including stopping online investment scams at the source and taking down scam websites. This is in addition to ASIC’s continuing focus on strengthening financial market integrity, insurance institution failures, greenwashing and improving regulatory and legal compliance
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Malicious or criminal attacks and human error continue to be the major causes of notifiable data breaches reported to the OAIC during the 6 month period to 30 June 2023 according to the OAIC Notifiable Data Breaches Report – January-June 2023. This Update provides a summary of some key findings and statistics contained in the OAIC’s Report as well as steps which organisations and businesses can take to minimise the risk and harm of privacy data breaches.
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