Publications

Recent developments in dealing with your digital estate after incapacity or death

‘Digital Estate’: We live in a digital age. We access, store, transfer and receive information and valuable documents electronically. During our life our attorneys, and after our death the Executors of our will, need to consider and access our ‘digital assets’ in the course of administering our affairs or a deceased estate respectively. In this … Read more


Jumping the gun – ACCC sues for implementing a merger too soon

The Australian Competition and Consumer Commission (ACCC) has instituted proceedings against Cryosite Limited (Cryosite) for alleged cartel conduct in relation to an asset sale agreement with competitor Cell Care Australia Pty Ltd (Cell Care).1 Prior to entering the agreement, Cryosite and Cell Care were the only private suppliers of storage services for umbilical cord blood … Read more


ACCC successfully enforces the B2B Unfair Contract Terms law against office services provider, Servcorp

In April of this year, the authors of this article published an article discussing how automatic renewal clauses are increasingly vulnerable under the Australian Consumer Law and the recent actions the ACCC had taken against businesses which had automatic renewal clauses in their standard form contracts. To recap, an automatic renewal clause provides for a … Read more


The scope of an employer’s duty of care: the privacy tightrope

The District Court of NSW has denied a claim by a former Police Officer seeking work injury damages for psychological injury arising from her exposure to traumatic incidents over the course of her service with the NSW Police Force (NSWPF). In determining that NSWPF had not breached its duty of care to the plaintiff, the … Read more


Limitations of liability clauses trumped by the Australian Consumer Law

The recent Victorian case of Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 (Brighton Decision) has cast further doubt on the definitive answer to an important legal question: Do limitations of liability clauses apply to claims made under section 18 of the Australian Consumer Law (ACL)? In other words, can a … Read more