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Critical Infrastructure Protection Act 2022 explained
The recent amendments to the SOCI Act send a clear message to responsible entities of critical infrastructure assets that risk management (including cybersecurity risk management) must be prioritised and form part of the entity's core business activity.
Landmark judgments impacts Building & Construction Industry Security of Payment legislation
The High Court has handed down two decisions concerning security of payments claims made under the relevant Building and Construction Industry Security of Payment Act in NSW and South Australia('SOPA'). This bulletin provides an overview of two recent high court decision and discusses what the outcomes of these mean for the building and construction industry in relation to Security of Payment.
Cyber Security Bill 2024: Australia's first whole-of-economy cyber security law revealed
On 9 October 2024, the Australian Government introduced the Cyber Security Legislative Package 2024 into Parliament as part of reforms to strengthen Australia's national cyber defences.
The changes continue: Staged implementation of the Building and Construction Industry (Security of Payment) Act 2021 (WA)
In 2021, following both state and national reviews, the Western Australian government introduced the Building and Construction Industry (Security of Payment) Act 2021 (WA).
Enhanced government powers enacted to protect critical infrastructure
In December 2021, the Security Legislation Amendment (Critical Infrastructure) Act 2021 (Cth) came into effect. This amending Act provides the Australian Government with 'last resort' powers to respond to a serious cyber security incident relating to critical infrastructure assets in critical infrastructure sectors.
Current mandatory breach reporting requirements in practice
On 1 October 2021, amendments to the Corporations Act 2001 and National Consumer Credit Protection Act 2009, made in response to the Final Report from the Banking and Finance Royal Commission, came into effect.
Your rights to prompt payment - an important message for subcontractors
Understanding and using the Security of Payment Act (SOPA) has never been more critical for subcontractors. While the construction industry in Australia has been fortunate in avoiding shutdown, an uncertain pipeline of work, coupled with the economic impact of COVID-19 on otherwise profitable clients, and stringent government guidelines, means that ensuring prompt payment is more important than ever.
Revisiting the new mandatory reporting obligations to ASIC
Almost twelve months have passed since the mandatory breach reporting amendments to the Corporations Act and National Consumer Credit Protection Act 2009 came into effect.
Massive Fines for European Privacy Breaches
You may have read about the UK Information Commissioner's Office (ICO) proposal to fine British Airways £183.39M (AU$320M) for infringements of the European General Data Protection Regulation (GDPR).
Lander & Rogers recognised by Best Lawyers in Australia 2021
Lander & Rogers has been named 'Law Firm of the Year' by Best Lawyers in Australia® 2021 in the area of Occupational Health and Safety Law. Congratulations to our Workplace Relations & Safety and Compensation Law groups for achieving this recognition.
Compulsory Acquisition - Reinstatement claim for open space goes down the drain
In Inner West Council v Transport for NSW [2024] NSWLEC 138, the Land and Environment Court of NSW has provided useful guidance on the correct approach to valuing open space land under the Land Acquisition (Just Terms Compensation) Act 1991 (Just Terms Act).
Penalties under the ACL skyrocket - Insurers who provide cover for fines and penalties now exposed to increased risk
From 1 September 2018, the maximum penalty able to be ordered by a Court for a breach of the Australian Consumer Law has significantly increased. According to Australian Competition and Consumer Commission chairman Rod Sims, the government regulator may now secure fines of more than $1 billion for breaches of the consumer protection legislation. In this update, we examine the changes to the legislation and the potential implications for insurers who provide cover for fines and penalties.
Rational decisions can lower compensation: NSW Court of Appeal upholds impact of owner choices in compulsory acquisitions
NSW Court of Appeal has confirmed that actions taken in the shadow of an acquisition are not necessarily to be disregarded when assessing the market value of an interest in land under the Land Acquisition (Just Terms Compensation) Act 1991
Supreme Court confirms adjudicated payments do not need to be paid immediately to insolvent companies
Seymour Whyte Constructions Pty Ltd v Ostwald Bros Pty Ltd (in liq); Ostwald Bros Pty Ltd (in liq) v Seymour Whyte Constructions Pty Ltd [2018] NSWSC 412 (5 April 2018).. The New South Wales Supreme Court recently confirmed that an insolvent construction contractor is not able to immediately enforce its right to payment of an adjudication decision under the NSW Security of Payment legislation (Building and Construction Industry Security of Payment Act 1999 (NSW)) against another party because the parties' rights need to be determined in accordance with section 533C of the Corporations Act 2001 (which provision allows set-offs for mutual credits/debts/dealings against an insolvent company). This position is consistent with other State court decisions in respect of insolvent contractors enforcement rights to payments under Security of Payment legislation.
Lander & Rogers appointed to the whole of Australian Government Legal Services Panel
Lander & Rogers is delighted to announce the firm's appointment to all legal areas in the Whole of Australian Government (WOAG) Legal Services Panel across every area of law and practice area, including: Workplace, Industrial Relations and Compensation Public Law Corporate and Commercial (General) Corporate and Commercial (Specialist) Property and Environment Legal Support Services
Lander & Rogers appoints five to partnership in latest promotions round
Lander & Rogers has announced 31 senior legal appointments in its annual promotions, including five new partners, 10 special counsel and 16 senior associates.
Lander & Rogers appoints seven new partners and promotes 42 lawyers in largest ever promotions round
Lander & Rogers has elevated 49 lawyers in its latest promotions round - the largest number in the firm's 76-year history.
The JobKeeper Payment: Employment Law Issues
This will be welcome news to many employers who have been hard hit by the COVID-19 crisis. However, the announcement of the scheme in advance of legislation being drafted or detailed guidance materials being published has raised many questions, including how the payments will interact with employees' existing contractual and legislated entitlements.
Victorian landowner obligations overhauled in new environmental legislation
Effective from 1 July 2021, businesses that operate in Victoria will be subject to tougher environmental standards under the state's new Environment Protection Amendment Act (2018) (EPAA).
Cyber insurance market trends to watch: 2023 and beyond
As cyberattacks continue to rise, cyber awareness increases and cyber security and privacy laws and regulations strengthen globally, demand for cyber insurance has increased even as premiums soar.
Intelligence Services and Other Legislation Amendment (Cyber Security) Bill 2024: Furthering the limited use obligation
To complement the 'limited use' obligation on the NCSC introduced by the Cyber Security Bill, the Intelligence Services and Other Legislation Amendment (Cyber Security) Bill 2024 (Cth) amends the Intelligence Services Act 2001 (Cth).
EPBC Act reforms: stronger protections or more red tape?
After years of anticipation, the Federal Government has introduced seven Bills to reform the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The package aims to strengthen environmental protections, streamline project approvals, and improve transparency through the establishment of a new National Environmental Protection Agency. Key proposed changes include the introduction of National Environmental Standards, new offset and penalty regimes, and faster assessment pathways. Submissions on the reforms are open until 5 December 2025.
Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill 2024: Strengthening critical infrastructure legislation
The Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill 2024 (Cth) will amend the Security of Critical Infrastructure Act 2018 (Cth).
Lessons for landowners: Why a dentist’s compensation claim failed after Sydney Metro acquisition
A recent NSW Land and Environment Court decision has underscored the risks of pursuing compulsory acquisition compensation claims without proper legal and expert support. In The Eddie Arnott Corporation Pty Ltd v Sydney Metro (No 4), both the landowner and tenant failed to substantiate their claims due to lack of documentation, procedural non-compliance, and unreliable evidence—ultimately receiving only a fraction of what might have been achieved with professional guidance.
Cyber security: Protecting critical infrastructure
It is estimated that one quarter of all reported cyber security incidents affect organisations associated with Australia's critical infrastructure – that is, things like electricity, gas, water and ports – with significant impacts to businesses and the community.
Cyber security: The cost of the human factor
The rate of technology adoption in business continues to grow. With more of our systems and information online than ever before, it would be reasonable to assume that there's an exponentially higher risk of cyber attack.
Brand protection tips for carnivals, festivals and sports events
There are three key phases in developing the best strategy to protect an event: First, it is important to understand and define the event assets. Second, you should take steps to protect those assets and the rights that can be commercialised. Finally, the risks of exploitation should be managed to reduce the likelihood of it occurring, and to be prepared to respond if it occurs. In this short video, Amelia Lynch provides tips and hints for creating a strategy to protect an event.
Workers' compensation case criticises employer's reliance on work from home checklist
On 18 October 2024, Auxiliary Deputy President Magistrate Carrel of the South Australian Employment Tribunal handed down her decision in Lauren Vercoe v Local Government Association Workers Compensation Scheme [2024] SAET 91.
Powering Up the EPA: The Key Changes in NSW’s 2025 Environmental Reforms
The Environmental Legislation Amendment Bill 2025 (the Bill), introduced into NSW Parliament on 6 August 2025, proposes targeted reforms to the Protection of the Environment Operations Act 1997 (POEO Act) and other environmental legislation. The Bill includes the following key changes aimed at strengthening environmental protection in NSW and giving more power to the NSW EPA.
Can I sue Google for defamation?
The rapid growth of digital technologies presents new challenges for defamation laws. This article examines the question ''can I sue Google for defamation?''
The JobKeeper Payment: Changes to the Fair Work Act
In our previous update regarding the announcement of JobKeeper, we noted that without legislative change it would still be necessary for employees to agree to measures to support JobKeeper, such as working reduced hours.
Cyber security in Australia: Passed and pending legislation and changes on the horizon
On 23 June 2021, the Online Safety Act 2021 (Cth) was passed by Parliament and will commence on 23 January 2022. The Act builds upon the existing online regulatory framework established in the Enhancing Online Safety Act 2015 (EOSA) and creates additional compliance obligations.
Escaping Violence Payment introduced to support women leaving domestic and family violence situations
With instances of domestic and family violence surging amid ongoing COVID-19 restrictions and lockdowns, Australia's Federal Government has committed $1.1 billion to a package of initiatives to assist women and children leaving a situation where they are exposed to domestic and family violence.
Guide to data protection in Australia
The 2021 Terralex Guide to Data Protection features a chapter on privacy laws and regulations in Australia, contributed by Corporate partner, Lisa Fitzgerald.
Lander & Rogers appoints leading insolvency and disputes partner
Lander & Rogers this week announced the appointment of new partner Jonathon Turner to its commercial disputes practice. Based in Sydney, the former Norton Rose Fulbright partner joins the firm's restructuring and insolvency team with a focus on growing contentious matters, complex litigation and restructuring.
Privacy Act reform | significant changes now in effect
The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Bill) has recently been passed by both houses of Parliament and is now awaiting royal assent.
Cyber security decision signals serious change for Australian corporates
For the first time, the Australian Federal Court has ruled on cyber security risk and cyber resilience in connection with Australian Financial Services Licence (AFSL) conditions, with significant implications for corporates, and APRA-regulated entities in particular. using technology and handling personal, sensitive, financial and confidential information.
Artificial intelligence regulation under the watchful eye of Digital Platform Regulators' Forum
The Digital Platform Regulators' Forum has prepared a joint submission to government acknowledging the potential for artificial intelligence to enhance Australia's digital economy but also to compromise consumer protection, competition, privacy and online safety, as well as the work of Australia's regulatory bodies.
Introduction to warranty and indemnity insurance (W&I) in M&A transactions
Warranty and indemnity insurance (W&I insurance) is a type of insurance in mergers and acquisitions (M&A) transactions that protects either a buyer (in the case of a buy-side policy) or a seller (in the case of a sell-side policy) from financial loss that may arise in the event that there is a breach of warranties and/or indemnities given by the seller in the sale and purchase agreement for the transaction (SPA).
De facto relationships and asset protection: what's mine is... yours?
Are you currently living with your partner in a carefree relationship without the “shackles” of a formal marriage commitment ? Are you in a relationship but maintaining separate residences? Believe it or not, just because you aren’t married or are not living together it doesn’t necessarily mean that “what’s yours is yours” anymore.
Starting the silly season while socially out of practice: How employers can avoid a litigation hangover after the work Christmas party
While festive events provide workplaces with an opportunity to celebrate, socialise and build a positive workplace culture, they also create a potential environment for employees to exhibit inappropriate conduct that could lead to legal consequences such as bullying, discrimination, sexual harassment or compensation claims, as well as health and safety breaches.
It's time to put cyber security at the heart of ESG
Technology and digitalisation have transformed society and the way we do business, dramatically improving efficiency, quality, productivity and ultimately value. However, with these benefits come new challenges posed by escalating and rapidly changing cyber security and digital risks.
CyberSight 360: The politics of cyber security
How can viewing cyber security through a political lens enhance our understanding of the issues at play?
Retailers beware - ban on excessive card payment surcharges
From 1 September 2017, a ban on excessive card payment surcharges will apply to all Australian businesses. The ban has applied to large businesses since 1 September 2016, but will now extend to all other businesses that are based in Australia or use an Australian bank. In this article we outline what is meant by excessive payment surcharges and how this new ban will be enforced.
Federal Court clarifies new 'sex-based harassment' laws in first Respect@Work test case
The Federal Court of Australia has handed down a decision which is the first to consider the meaning of 'sex-based harassment', one of the recent inclusions to the Sex Discrimination Act 1984 (Cth) (SD Act) after the Respect@Work Report. While the allegations of sex based harassment were not upheld, the decision sheds some light on how the provision will operate. There were, however, findings of unlawful sexual harassment and victimisation, for which the Court awarded $305,000 in damages and compensation, among the highest awards in this jurisdiction.
Lander & Rogers welcomes Philip Aitken as a Competition Law Partner in its Corporate team
Leading national law firm Lander & Rogers has appointed Philip Aitken as a Competition Law Partner in its Corporate team. Philip will be based in Melbourne and will commence with the firm on Monday 10 November 2025.
It's a family affair - family trusts in family law
There is an increasing trend toward creating a discretionary family trust for the purpose of asset protection and tax minimisation. In light of this, it is important to understand how family trusts may be treated in family law proceedings.
CyberSight 360: Is space the forgotten sector in critical infrastructure cyber security?
While there are no mandatory international cyber security requirements currently in place for space systems, it is critical that space actors put in place adequate cyber security measures.
Smart Contracts 101: What the future holds for smart legal contracts
The term 'smart contract' has emerged as a popular buzzword, mingling technology and law, and the ideals of trust, immutability, transparency and security. But what does all that mean in real terms? How are smart contracts actually used? And in what ways might they disrupt our businesses, clients and communities?
Relocation does not equal reinstatement: NSW Court of Appeal limits compensation available to lessees following compulsory acquisition
The recent NSW Court of Appeal decision of Sydney Metro v C & P Automotive Engineers Pty Ltd [2024] NSWCA 186 significantly narrows what compensation is available for tenants who relocate following a compulsory acquisition.