Question 2 - Over recent years, advances in information technology have meant that cyber security is a significant issue for companies to manage. With reference to ASIC v RI Advice Group Pty Ltd [2022] FCA 496, recent developments in the field of cyber security and the relevant literature on this topic, consider the extent to which Australian directors could be liable for failing to ensure that their companies have adequate measures to manage cybersecurity risks.

Suggested resources for Question 2 as a starting point:

• James Duffy 'How Should Directors Tackle Cyber Risks?' (2018) 46(2) Australian Business Law Review 134
• Cary Di Lernia, Catherine Hardy, Asaf Dori 'Cyber-related Risk Disclosure in Australia: Evidence from the ASX200' (2020) 37(4) Company and Securities Law Journal 255
• Robert Walters 'Cybersecurity, Data Governance and Directors Fiduciary Duty: An Expanding Obligation' (2023) 51(5) Australian Business Law Review, 115

Assessment criteria

• Critical analysis of the effectiveness of the current Australian corporate law in the specified area
• Evaluation of the merits of proposed reforms (where relevant) to the specified corporate law issue
• Appreciation of the competing ethical, social responsibility and commercial factors impacting on the specified corporate law issue
• Succinctness and clarity of writing, structure and grammar and persuasiveness of arguments
• Appropriate referencing of relevant sources in accordance with the Australian Guide to Legal Citation