• Court Orders $5.8 Million Penalty for Data Breach - On 8 October 2025, the Federal Court ordered a $5.8 million penalty against Australian Clinical Labs for a significant data breach that occurred in 2022. The decision is instructive, highlighting the kinds of penalties that a Court is prepared to apply if a data breach occurs.
• Will Your Commercial Agreement Need To Be Notified Under Updated Competition Laws? - New competition law merger and acquisition reforms commence on 1 January 2026. For the first time many commercial agreements will be regulated and will need to be notified to the ACCC for assessment.
• When Second Comes First – Securing Your Interests Over Land - The recent Victorian Supreme Court case of KKJA Investments v Yan Shi [2025] VSC 583 highlights the risks of failing to promptly register a mortgage or caveat over land. Although KKJA Investments held a prior equitable interest in the property, its delay in registration allowed a subsequent lender, Yan Shi, to successfully claim priority over surplus sale proceeds. The decision underscores the importance of timely registration and conducting thorough title searches when taking security over property.