Cloud cover: 5 tips to mitigate the risks of cloud computing services
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Cyber Risk for D&O – Steps to Mitigate
Shareholder Class Actions are here to stay: What this means for D&O insurers
Following our previous blog article on the facts and myths surrounding class actions in Australia (you can catch up and read it here), in this second part of the two-part blog series, we discuss the implications of the growth of shareholder class actions for the local D&O market in a Q&A style.
Q: Which type of class action is the most prevalent and poses the most risk?
A: Although we have seen the class…
Class Actions in Australia: Fact versus Fiction
With the two Law Reform Commission inquiries into class actions and litigation funders, the highly publicised class actions such as GetSwift, and the growing presence of litigation funders in Australia, it’s almost impossible to avoid the discussions about Australia’s class action landscape –
And you can bet that the spotlight on class actions will only grow brighter over the coming months.
In this two-part blog series, we:
(1) provide a Q&A to separate the facts…
Class Actions – Time for Review and Change?
Skills Down, Claims Up: What the Infrastructure Boom Means for Insurers
Fraudulent non-disclosure, avoidance and refusal to advance – Federal Court decides insurers can avoid advancing defence costs to Cranston and Onley
The Full Court of the Federal Court in the last couple of weeks considered a question that by some has been considered a “sleeper issue” which had not previously received judicial attention. The question was whether a final adjudication clause in a conduct exclusion prevents Underwriters from relying on their statutory right to avoid a policy for fraudulent non-disclosure. If the answer was “yes” Underwriters would be required to advance defence costs until a finding…
Data breaches notifications are on the rise
As many readers know, the Notifiable Data Breach Scheme (NDB Scheme) came into force on 22 February 2018. It has resulted in changes to Australia’s privacy law in relation to notification obligations on individuals and organisations that experience an eligible data breach.
The Office of the Australian Information Commissioner (OAIC) recently released its second quarterly report in relation to data breaches notified under the NDB Scheme between 1 April and 30 June 2018. The OAIC…
ALRC inquiry into class action proceedings and third party litigation funders: What you need to know
On 11 December 2017, then Attorney-General of Australia, Senator the Honourable George Brandis QC, asked the Australian Law Reform Commission (ALRC) to consider whether and to what extent class action proceedings and third party litigation funders should be subject to Commonwealth regulation. The inquiry is set against the background of:
(a) The increased prevalence of class action proceedings in Australian courts; and
(b) The important role that litigation funders of class actions and other…
Privacy Class Actions Arrive in Australia
Global litigation funder IMF Bentham Ltd (IMF) has launched a representative complaint with the Office of the Australian Information Commissioner (OAIC) seeking, amongst other things, financial compensation for alleged breaches of the Privacy Act 1988 (Cth) by Facebook Inc (Facebook). The action relates to unauthorised access to over 87 million Facebook users’ data by political consulting firm, Cambridge Analytica.
The class action has the potential to be formed by over 300,000 Australian class members who…