Articles & Analysis.
Practical, legally grounded analysis of the cyber, privacy and technology issues affecting Australian businesses — written by practitioners who advise on these matters every day.
Our articles are written for the people who carry responsibility in their organisations — general counsel, chief risk officers, CFOs, business owners and directors who need to understand what is happening in cyber and privacy law and what it means for them.
We write about Australian law, Australian regulation and Australian cases — because that is what our clients face. When a new piece of legislation passes, a significant breach makes headlines or a court decision shifts the liability landscape, we explain what it means in plain terms and what your organisation should consider in response.
Our content is not marketing. It is the same quality of analysis we bring to our advisory and legal work — offered here so that you can stay informed between engagements.
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Major reforms reshape Australia's digital legal landscape
As Australia heads into 2025, sweeping reforms are transforming our digital landscape. The landmark Cyber Security Act 2024, alongside major privacy and Digital ID reforms, signals a significant overhaul of Australia's digital regulations. From mandatory ransomware payments reporting to enhanced privacy protections and a new Digital ID framework, these changes set clear expectations for how organisations handle cyber threats and personal information. With implementation deadlines approaching, businesses and government agencies face crucial decisions about compliance and digital security. Discover how these reforms will reshape Australia's digital future and what your organisation needs to know to prepare for the changes ahead.
Australia’s largest law firm data breach - Lessons for the legal profession
The 2023 cyber incident affecting HWL Ebsworth was hardly the first data breach to have an impact on an Australian legal practice, but it was the largest and most devastating in terms of impact across individuals and sectors.
The human factor: building a cyber-aware culture in your law firm
In the world of cyber risk, it’s often said that “humans are the weakest link,” which can be an exercise in blaming and shaming that is hardly helpful and puts a huge and unfair responsibility on individuals who may make a single, understandable mistake.
Cyber education for law firms is more important than ever
With cybersecurity breaches again in the news, and the announcement of Australia’s first cybersecurity coordinator to lead responses to cyber-attacks, we wanted to share some crucial insights that could significantly impact your law firm's security and reputation. Cybersecurity breaches result in serious financial losses, legal and regulatory non-compliance, and reputational damage. Cybercrime has become the number one business risk that law firms must prepare for.
Payment redirection fraud – who does (and who should) bear the loss in fraudulent banking transactions, and is Australia’s electronic banking system fit for purpose?
This article has been accepted for Publication in IEEE Xplore and is © IEEE.
The banking system is part of Australia’s critical infrastructure, and integrity and trust in transactions is essential to our financial system.
Cybersecurity – a matter of trust
The recent spate of reported cyber-attacks is likely due to both increased frequency and greater reporting obligations under Australian law.
Solicitors' duties in the digital era - is there a duty of technological competence?
Even without a formally recognised duty of technological competence, such a duty might be inferred by an Australian court having regard to reported levels of cybercrime, other professional duties and the official warnings by regulatory bodies.
Cyber risk for lawyers: a unique form of professional risk
Cybercrime is challenging organisations everywhere, with daily news stories about businesses, government organisations and even global IT companies that have been hacked. Law societies and insurers have been warning lawyers about cyber risk, in particular…
Owning your practice’s cyber security - MSPs and you
Be proactive in understanding your practice’s cyber security profile – do not regard it as a ‘set and forget’ issue.
Practical guidance for managing cyber risk
Managing cyber risk is now an integral part of legal practice, and law firms should consider both risk management and risk transfer via insurance when planning cyber risk response.
How cyber resilient is your law practice?
Our article by Simone featured in the Law Society Journal, December 2018. Click though to read the full article where Simone discusses the types of scams impacting legal practices, and how they actually work. She highlights possible dangers in outsourcing responsibility for cyber resilience to external IT consultants and, how do different insurance policies respond?
Risk transfer through insurance
Insights: Regardless of size, cyber risk is a significant risk to all law firms. Professional indemnity policies often provide broad coverage for third party claims but not the firm’s own losses. Cyber insurance can offer different, additional types of cover including specialist technical support.
Cyber Security for lawyers
Podcast: Panel discussion on Cyber Security for lawyers, featuring Simone as one of the panellists.
NotPetya – the most devastating cyberattack since the creation of the internet
The Untold Story of NotPetya, the Most Devastating Cyberattack in History contains a fascinating discussion. Read the full article by Andy Greenberg on Wired.com
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