Until fairly recently, most Australian lawyers would have agreed with the proposition that in order for an organisation to be liable for an individual’s torts, there would need to be a relationship of employment between the organisation and the individual. However, in the last couple of years, the Supreme Court of Victoria considered the position

Unless you have been living under a rock with no mobile reception, you will probably be aware that in September 2022, Optus suffered a massive data breach.  As the equitable maxim that “there can be no wrong without a remedy” has been updated for modern Australian conditions to “there can be no data breach without

Normally we call these round-ups of the CPD seminars that Angus Macinnis is presenting during the February/March CPD high season our “tour dates” posts.  However, as the “Zoom and gloom” hangover of the pandemic lingers on, it turns out that three of the four sessions Angus is presenting this year are webinars which are online

Warren Buffett famously said that “only when the tide goes out, do you discover who has been swimming naked”, which neatly captures the idea that it is only when there is a contractual problem, do you discover whether your contractual drafting has given you the protection that you need.  In a series of cases against

The Latin phrase “curriculum vitae” translates as “course of life”, but with the apparently increasing prevalence of CV fraud, there are some cases where a better translation would be “course of lies”.  News websites are awash with surveys about the number of people who have apparently engaged in CV fraud, although given that many of

In recent days there has been a flurry of activity in European ports seeking to impound super yachts owned by Russian oligarchs pursuant to sanctions for the Russian invasion of Ukraine. Questions arise as to the legality of seizing these ships while in port or in the territorial sea of a coastal State or on

If we had a dollar for every enquiry we have received about the entitlement of employers to require their employees to be fully vaccinated against COVID-19, a quick tally-up around the office indicates that we would currently have $3,764. If we had a dollar for every time we have advised that consultation with employees was

The Willem C. Vis International Commercial Arbitration Moot (and its associated competition, the Vis East Moot) both took place online this year (rather than the usual locations of Vienna and Hong Kong).  Amongst the issues which were argued in the moot was the question of whether a party which had agreed to arbitrate before the

The proposition that what matters is not the size of the dog in the fight, but the size of the fight in the dog, was exemplified in the NSW Court of Appeal this week.  In one corner was a miniature schnauzer named Angus (no relation); in the other, the owners corporation of the 43-story, 341-lot

The Sixth Circuit Court of Appeals in the US said in a recent decision, “While the law may take periodic naps during a pandemic, we will not let it sleep through one” (and if this is correct in the US, it may explain a report about a Florida judge upbraiding US lawyers for appearing at