Tuesday, 17 March 2026
Description
Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair
William Khong, Partner, Holding Redlich
Privacy and Confidentiality Clauses: Best Practice
- The starting point and legal foundation: contract, equity, and statutory overlays governing confidentiality
- Key enforceability features: clear definitions and exclusions, legitimate interest, and proportionate scope and duration
- Express and implied obligations: how contractual terms interact with equitable confidence (Lenah/Coco) and public-interest carve-outs
- Practical drafting and compliance: when and how to draft these clauses, core remedies, and necessary alignment with Privacy Act and ACL obligations
Presented by Peter Clarke, Barrister, Meldrum’s List
Presenters

Peter Clarke, Barrister
Since commencing at the Victorian Bar in 1998 Peter has developed a broad commercial litigation practice in all jurisdictions, but primarily in the Supreme, County and Federal Courts. He primarily practices in Corporations law, especially shareholder disputes and insolvency proceedings, and commercial law. He also has a special interest in Defamation and Privacy Law. He regularly advises on compliance issues with the many privacy and cyber security related laws. While a board member of the Australian Privacy Foundation he drafted its submissions to the Australian Law Reform Commission’s enquiry resulting in Serious Invasions of Privacy in the Digital Era (ALRC Report 123) in 2014, among other submissions to government. In his own capacity he has written submissions to inquiries including, but not limited to, the Australian Law Reform Commission inquiry that resulted in the Report For Your Information: Australian Privacy Law and Practice (ALRC Report 108) and to the Attorney General Department’s Privacy Act Review Report dated 16 February 2023. He delivers papers regularly at seminars on breach of confidence, privacy and data security related topics. Through his website (www.peteraclarke.com.au) Peter write regularly on privacy law and data security as well as developments in commercial and corporation law. Prior to coming to the Bar Peter was a solicitor in both government and private practice where he practised in the area of health litigation and administrative law. Positions Held: Board Member of the Australian Privacy Foundation 2012 – 2017. Cases (Privacy): Counsel for the Applicant Roberts v Anglicare Victoria [2014] VCAT 1515 Co Counsel for Amici Curaie in Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4 (Ben Grub Case) Co Counsel for Applicant AIT18 v Australian Information Commissioner [2018] FCAFC 192 (13 November 2018)

William Khong, Partner, Holding Redlich
William Khong is a Partner at Holding Redlich. He was admitted as a solicitor in Malaysia where he gained experience in intellectual property (from registration and commercialisation to enforcement) and commercial litigation. He has subsequently, while practising in Australia, gained further experience in commercial and taxation law matters. William has particular experience in advising in relation to business structuring or restructuring, mergers and acquisitions, public and private capital raisings, corporate affairs including capital reductions, share buy-backs, financial assistance, corporate governance and related party transactions, and matters relating to the law of trusts, personal property securities, stamp duty and carbon tax. William has worked with a wide range of clients including small businesses, substantial private companies and listed companies.