Bird v DP: A Landmark Ruling on Vicarious Liability – Where to Now?
Chloe Silvester , Head of General Practice, Practical Guidance Stephen Tuck , Legal Writer, Practical Guidance Personal Injury Victoria Ben Newling , Legal Writer, Practical Guidance Personal Injury NSW Alex Bassingthwaighte , Legal Writer, Practical Guidance Personal...
In-house counsel play a leading role in preparing businesses for climate reporting
Over the past several years, there has been a seismic shift in shareholder and stakeholder expectations as to how businesses manage climate risk along with increasing pressure for companies to provide a higher degree of transparency in relation to how they manage...
The HomeBuilder program – a recap
Writer: John Darmanin, Practical Guidance Senior Legal Writer – Property module The COVID-19 pandemic is affecting economies all over the world and GDP growth among OECD countries slowed to 0.7% in the fourth quarter of 2020. In that time, the Group of Seven...
Insights from industry experts to mark 50 years of competition and consumer law in Australia
The 24 th of August marked 50 years since royal assent was granted by the Governor-General for federal competition and consumer legislation in Australia, initially through the Trade Practices Act 1974 ( TPA ) and later through the Competition and Consumer Act 2010...
Rolling in the deepfakes: Generative AI, privacy and regulation
Iris Rad and Alec Christie CLYDE & CO Introduction Artificial intelligence (AI) is increasingly permeating all aspects of modern society and commerce: from use in automated decision-making processes to facial recognition and generative AI. At the same time...
Side hustles in the digital age: legal implications for employers
Samuel Ellemor SHARROCK PITMAN LEGAL Cash is tight and the side hustles are in fashion. With rising interest rates, record-high house prices, and growing cost of living pressures, employees are looking to make extra money beyond their day job’s pay and are...
ESG and its relevance for both companies and lawyers
How can you understand what ESG (Environment, Social and Governance) is and how it is relevant to your organisation and to your legal team? What can you do to ensure that your ESG policies are legitimate and make a real impact? The changing regulatory landscape...
Understanding the ‘right to disconnect’ under the Fair Work Act 2009 (Cth)
Ellie Bassingthwaighte Senior Legal Writer - Employment for LexisNexis ® Practical Guidance, is an experienced workplace lawyer who has worked at the Fair Work Commission, before practicing in employment law and industrial relations since 2014. In this article...
Understanding the New 'Right to Disconnect' Legislation: What Employers and Employees Need to Know
Ellie Bassingthwaighte, Senior Legal Writer- Practical Guidance Employment Introduction of the Right to Disconnect Starting 26 August 2024, Australian employees will gain a new 'right to disconnect' following significant amendments to the Fair Work Act 2009...
Determining your obligations under the SOCI Act
A crucial step for organisations in the wake of recent events We are living in a world where a ‘simple’ software hiccup brings entire nations to a grinding halt. At least that’s the reality we faced during the recent ‘CrowdStrike Incident’ – a digital disaster...
Throwing the book at repeat offenders: how courts have assessed civil penalties since the High Court’s decision in ABCC v Pattinson
When an individual or corporation breaches a civil penalty provision, the responsible regulator may seek to have the court impose a civil penalty, for the purposes of deterring that person (and others) from future contravening conduct. In recent years, the maximum...
Employer liability for Psychosocial hazards caused to an employee: Kozarov v Victoria [2022] HCA 12 (Kozarov)
In Kozarov v Victoria [2022] HCA 12 (Kozarov), the High Court decided an employer had a common law duty to take reasonable steps to manage mental health risks inherent to an employee’s job. This duty existed regardless of whether the employee showed warning signs...
Environmental protections and the precautionary principle in Victoria’s native forests
2 Landmark Cases These decisions contribute to the growing body of case law on the much-debated precautionary principle and form part of the environmental movement’s challenging of the State’s native timber industry, raising key questions in relation to its viability...
Freedom to move rights during a state of emergency?
Case note: The High Court decision on Gerner v State of Victoria | Adam Parker, LexisNexis Australia Emergency powers provide governmental agencies with the special authority they need to maintain public safety in extraordinary times. However, the decision to...
How do councils deal with granting easements over council land?
What is an easement? An easement is a non-exclusive right to use another person’s land, in perpetuity, for a particular purpose. The perpetuity element is one of the key things which differentiates an easement from other forms of land access rights, such as a...