MAC clauses aren’t a free pass to walk away – In Cosette v Mayne Pharma, the NSW Supreme Court made it clear: only serious, lasting harm counts. A clear signal to draft carefully and act consistently.
MAC clauses aren’t a free pass to walk away – In Cosette v Mayne Pharma, the NSW Supreme Court made it clear: only serious, lasting harm counts. A clear signal to draft carefully and act consistently.
Business Email Compromise (BEC) scams continue to pose a significant threat to Australian businesses. With increasingly sophisticated tactics such as voice phishing and deepfake audio, even vigilant organisations with previously adequate cyber-security and payment verification standards are vulnerable to foul-play. Recent high-profile breaches, including the Qantas incident this past winter, highlight the growing prevalence of cyber-hacking, and in turn, a greater risk of loss for well-intentioned businesses caught in BEC scams.
The Federal Court has imposed a $5.8 million penalty on Australian Clinical Labs Limited for serious breaches of the Privacy Act 1988 (Cth) following a cyberattack that exposed sensitive data of over 223,000 individuals. This ruling sets a historic benchmark as the Privacy Act’s first civil penalty enforcement.
A significant change was recently introduced into Australian privacy law as part of the federal government’s broad privacy reform agenda. A new statutory tort of serious invasions of privacy is now in force.