In Medibank Private Limited v Australian Information Commissioner [2024] FCA 117, Young’s List Barrister, Owen Nanlohy, led by Rachel Doyle SC, acted for the second respondent, where they successfully defended a proceeding brought by Medibank seeking an injunction to restrain the investigation by the Australian Information Commissioner (AIC) of a representative complaint brought on behalf of Medibank policy holders for alleged breaches of the Privacy Act 1988 (Cth).
The injunction application was brought on the basis that a future determination by the AIC of the representative complaint under s 52 of the Privacy Act 1988 (Cth) posed a real risk of interference with the administration of justice, having regard to the existence of a class action representing Medibank customers which is presently proceeding in the Federal Court of Australia. That argument was rejected by His Honour Justice Beach.
The representative complaint arises from the Medibank data breach announced on 13 October 2022 and involves millions of current and former Medibank, ahm and international student account holders.
The Medibank decision is at: https://lnkd.in/gvAzNSur
To brief Owen, please contact Tammy Young on (03) 9225 6777 or email [email protected].