Enforcement Challenges in the Age of Digital Commerce

20 March 2025, 2.00pm - 7.00pm

Australia’s State and Federal governments have demonstrated sustained appetites for regulating the use and abuse of tech platforms, most recently in social media, including through the imposition of increasing obligations on technology service providers and their associates. Australia’s peak regulators have also long been active in the tech space, utilising a range of existing regulatory mechanisms. These include litigation through Australia’s unique fair trading laws, as well as undertaking broad-reaching market studies to understand technology marketplaces, and to create foundations for further reform.

Yet enforcement remains a key challenge, in terms of theory, policy and practice, across all domains. In an age of supra-national and non-national identifying corporate entities, are our regulatory tools still fit for purpose?

Join this half-day conference that will identify and explore these issues, with the assistance of eminent experts in the field.

Session One (2.00pm - 3.30 pm):

The Short Boundaries of Cross-Border Enforcement in Australia

Chair: Professor Sharon Mascher, UWA Law School Dean

Professor Jeannie Marie Paterson, Melbourne Law School – Online marketplaces, digital platforms, and the challenge of stretching traditional laws

Mr Paul D Evans, HFW Australia – Existing legal framework outlined (insolvency, Commonwealth enforcement through bilateral arrangements)

Justice Jenni Hill, Supreme Court of Western Australia – Judicial powers and constraints with respect to making orders with extra-territorial operation (including injunctions in the X case)

Session Two (4.00pm - 5.30pm):

Specific Regulatory Challenges in Deploying the Enforcement Arsenal

Chair: Professor Elise Bant, The University of Western Australia

The Honourable Robert French AC, former Chief Justice of Australia – Challenges in the context of recent social media inquiries and the role of transnational arrangements

Justice Matthew Howard, Supreme Court of Western Australia – Limitations of conflicts law and use of cooperative regulation

Mr Bill Keane SC, Francis Burt Chambers – Enforcement of Australian regulation of supranational and non-national identifying entities

Networking and Canapés (5:30pm - 7:00pm)

Following the conference, please join speakers and attendees to discuss the proceedings and network, at HFW's Perth offices on Level 15 of Brookfield Tower 2: illuminated by sunset over King's Park.

Venue:

HFW, Perth
Brookfield Place – Tower 2
Conference Centre – Room 1
123 St Georges Terrace, PERTH WA 6000

Remote Attendance:
Prior to the event, a Teams link will be circulated for the day. Join at any time throughout the event using this link.

Registration Prices:
In person registration $150
Online registration $50

Time zones:
Events will take place in Australian Western Standard Time (UTC +8)

CPD Points:

This conference carries three CPD points in the area of substantive law for those attending the whole conference in Australia. Please note that you need one complete hour of attendance for each CPD point.

Contact:
Natalie Warrick, HFW Australia, natalie.warrick@hfw.com

This conference is run on a not-for-profit basis, all unspent registration funds being donated for the research activities of The University of Western Australia Law School.

This event is a collaboration by UWA Law School, UWA PPI, and HFW.