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Powers of Attorney: Scope of Attorney’s Authority
An attorney as a matter of public policy is prevented from engaging in activities which are considered to be within the personal prerogative of the principal (the person granting the power of attorney). Secondly, the scope of the attorney’s appointment is governed by the actual terms of the power of attorney. Thirdly, the scope is…
Privacy Breach Penalties – Substantial Increases Now Passed Into Law
Subsequently, the Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022 was introduced into Parliament on 26 October 2022. The Bill, which has now passed the Senate, aims to significantly increase the penalties for serious and/or repeated privacy breaches and has enhanced the information gathering powers of the OAIC and provided them with the ability…
Optus Data Breach: Calls for Privacy Act Reform
It has been discussed for quite some time that the Privacy Act is considered by some as “woefully out of date” and “not suitably fit for purpose” in the digital age. The recent Optus breach, amongst other substantial data security breaches in the past five years has led to increasing discussion regarding fast-tracking Privacy Act…
Mental Capacity Assessments to Ensure Valid Legal Transactions
While there is a basic common law presumption that every adult person has mental capacity to make their own decisions, there are some cases where doubts may be raised with respect to one’s legal level of mental capacity.
Beware Unfair General Security Contracts When Dealing With SME’s
It is clear from the Lobux case that it is not sufficient that businesses merely comply with the terms of the Personal Properties Security Act (‘PPSA’). In many instances the reach of the ACL is far, wide and powerful and if a provision is found void under the ACL it will no longer be available,…
First Home Buyer Choice
The new property tax option will be available for eligible First Home Buyers on properties up to $1.5 million from 16 January 2023.
Modern Wrap Contracts – Agreements and their Enforceability
With the ever increasing push for online purchases, sales, subscriptions and basic access to websites, we are seeing an increase in digital contracts. So what are these contracts and how do they stack up?