MEMORANDUM ON INFORMATION PRIVACY LAW

Inspired by Facebook-Cambridge Analytica, Lloyd v Google LLC, and COVID-19-related contact tracing regimes imposed around the world giving rise to widespread collections and exchanges of data and personal information, conversations gaining especial prominence in today’s day and age are those regarding the role and operation of privacy law as a protection mechanism.[1] While discussions about … Read more

PROPOSED CHANGES TO THE DEFAMATION ACT 2005 (QLD)

Defamation is commonly regarded as an imputation or assertion which would cause ordinary, reasonable members of society to think less of someone. It must be published and it must be untrue. Previously, to “publish” such an imputation or assertion required the physical printing and dissemination of a document but, with the wider reach and influence of online platforms, … Read more

Borrowing Dulls the Edge of Friendships

Case Note: Richardson v Wagner [2021] QDC 24 In the immortal words of William Shakespeare’s ‘Hamlet’: “Neither a borrower nor a lender be; For loan oft loses both itself and friend, and borrowing dulls the edge of Husbandry”[1]. Put simply – loans and relationships often do not mix well. This principle was clearly on display … Read more

Case Note – Solomon Woldeyohannes v Zion Church in Melbourne Australia Inc [2020]

In Solomon Woldeyohannes v Zion Church in Melbourne Australia Inc [2020] FWC 4194, a relationship breakdown occurred between the Zion Church in Melbourne (“the church”) and one of its pastors, Solomon Woldeyohannes (“the applicant”). As a result, a claim for unfair dismissal under the Fair Work Act 2009 (Cth) (“the Act”) was made. On 11 … Read more

Interpreting Contracts: More Art Than Science?

In litigation, the primary role of a judge is to interpret legal texts. In fact, it is estimated that interpreting legal texts comprises 90% of their work. There are many rules that are applicable to the interpretation of contracts, including: Ejusdem generis: a rule for interpreting statutes and other writings by assuming that a general … Read more

DEFAMATION: Watch out for Trolls!

Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102 In a decision on Monday, 1 June 2020, the NSW Court of Appeal held that news outlets were liable as “publishers” for readers’ Facebook comments partially because they “encouraged and facilitated” comments by setting up public Facebook pages. … Read more