Policy and Regulation

A recent decision by the Federal Court that questioned whether the introduction of a serious harm test in defamation law could infringe the Judiciary Act has shone a light on the need for a federal defamation framework, legal experts say. 

Enforcement of Australia’s privacy laws, including funding for the privacy commissioner to litigate companies for major privacy and data breaches, received a $45.2 million investment in Tuesday’s federal budget.

With legal practices shaping up as a ripe target for cyberattacks, experts say many firms have a long way to go in implementing best practice cybersecurity to avoid potentially “catastrophic” outcomes.

Leading barristers have come out in support of the proposal to amend the Constitution to enshrine a Voice to Parliament to represent First Australians.

Reforms that would make lawyers subject to the anti-money laundering and counter terrorism financing regime have received mixed reviews from legal professionals, with one expert saying the regime was a “blunt instrument” and could put lawyers in an ill-suited policing role. 

Reforms to simplify and modernise Australia’s anti-money laundering and counter-terrorism financing regime will see lawyers and accountants subject to the regulations for the first time.

Approved settlements in class actions since the regime was enacted are set to top $8 billion this year, according to a new report ranking the busiest litigation funders, which found most class action mega settlements were not funder backed.

Last year saw the lowest number of new class action filings in Australia since 2016, according to a new report.

A law firm and several peak bodies for professionals in the corporate sphere have criticised the Australian Securities and Investments Commission’s enforcement track record, saying the regulator is inefficient and fails to properly address misconduct.

A federal Human Rights Act would allow complainants to take their cases to federal court if conciliation failed to resolve their claims, under a proposed model of the law unveiled Wednesday.