Insights
The Importance of Background Checks for Company Directors
A board of directors plays a critical role in shaping a company’s strategy, maintaining relationships with shareholders, and safeguarding the company’s reputation. Appointing a new director may bring welcome expertise as well as a fresh perspective regarding company strategy however it can also present potentially unforeseen risks due to unknown factors relating to the director’s professional history. Failing to conduct...
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 Injury Queensland In November of last year, the High Court of Australia delivered a pivotal decision in the case of Bird v DP , which has significant...
Security of Payment (SoP) Case Developments 2024
Jennifer Raphael , Senior Legal Writer, Practical Guidance Construction, LexisNexis ® In 2024, several pivotal decisions were made across New South Wales, Victoria, and Queensland concerning Security of Payment legislation, which are crucial for construction lawyers to understand. This article provides a summary of four significant decisions and their implications. Ceerose Pty Ltd v A-Civil Aust Pty Ltd (2023) 112...
Expected Changes in Australian Construction Law 2025
Jennifer Raphael , Senior Legal Writer, Practical Guidance Construction, LexisNexis ® In the ever-evolving landscape of construction law, 2025 promises to be a pivotal year for legal practitioners in Australia. As the industry braces for significant legislative changes and the impact of recent High Court decisions, it is crucial for lawyers to stay informed and prepared. This blog post delves into the 2025 anticipated...
Understanding the recent changes to casual conversion rights in the Fair Work Act 2009
Jada Lam , Practical Guidance Legal Writer – Employment and WHS The Fair Work Act 2009 has been updated with the 'Employee Choice Pathway,' offering new rights for casual employees. Read on for essential insights to understand these changes, so you can guide your clients effectively. If you or your client employs casual employees, there are recent important amendments to the Fair Work Act 2009 (Cth) (FW Act) regarding...
2024: The Legal Year in Review — and what lies ahead for 2025
This article from the experts at LexisNexis® Practical Guidance, covers the most significant legal reforms in 2024 and further changes in 2025 that we’re watching closely. This year’s developments have set the stage for further advancements in 2025, offering both challenges and opportunities for the legal profession. 2024: a Year of Transformation 2024 has been a year of significant legislative and regulatory changes...
Headlines from the Finance COP: UNFCCC Climate Change Conference COP29, Baku
Introduction The 29th Conference of the Parties (COP29) to the UN Framework Convention on Climate Change (UNFCCC) took place in Baku, Azerbaijan, from 11 to 24 November 2024, concluding 35 hours after its scheduled closing date due to intense negotiations. Key headlines included: The Baku Climate Unity Pact , featuring decisions on a new climate finance goal and operationalising an international carbon market under...
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 their climate risks and opportunities. At a global level, the International Sustainability Standards Board released the global sustainability standards relating...
Privacy Law Shake-Up: Is Your Business Ready?
As Australia undergoes significant changes to its privacy laws, it’s crucial for businesses of all sizes to prepare. Following a multi-year review, the government is proposing amendments to the Privacy Act that could reshape how organisations manage personal information. With harsher penalties on the horizon, now is the time to act. Why Privacy Law Changes Matter The proposed reforms will impact the way businesses...
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 economies (Japan, Canada, the United Sates, the United Kingdom, Germany, Italy and France) experienced GDP growth of only 0.8% and in an even worse result, GDP...
How to Write Effective Legal AI Prompts
By Jake Nelson | Sr. Product Manager, LexisNexis ® This article was written by Jake Nelson | Sr. Product Manager, LexisNexis in our US office. Lexis+ AI™ was launched in the US in October 2023, and Jake has written this article with the benefit of seeing the generative AI solution in the market for a while. We believe that this article is valuable to Australian lawyers as they begin to use generative AI in their legal...
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 ( CCA ). To commemorate this milestone, we asked our competition and consumer law experts and esteemed colleagues for their thoughts and reflections on the...
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, the rapid advancement in AI technology, such as deep learning, has led to an increased pervasiveness and proliferation of misinformation through deepfakes, a...
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 turning to the online gig economy to find it. Whether it be freelancing on Fiverr , running an e-commerce website from their bedroom or making salacious videos...
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 and significance of ESG policies in the public eye are forcing organisations to reconsider their implementation of ESG. So, what are the fundamentals of Environmental...
Navigating Technology Supply Chains: Mitigating Outsourcing Risks
In today’s digital landscape, businesses rely on technology to drive operations and maintain a competitive edge. However, this reliance often involves complex supply chains and outsourcing arrangements that introduce significant risks if not managed effectively. Imagine a network of suppliers, manufacturers, and service providers working together to deliver products and services globally. While outsourcing can provide...
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, she discusses the key considerations for employers and employees under the new worker rights recently enshrined under the Fair Work Act 2009 (Cth) (FW Act) ...
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 (Cth) (FW Act). This new legislation aims to establish clear boundaries around out-of-hours work communication. For small business employers (as defined in section...
Using Lexis+ AI™︎ in local government leasing functions
By Kate Bartlett, Senior Legal Writer, LexisNexis ® Australia, Practical Guidance, Property Local government officers responsible for leasing functions are required to use their specialist leasing skills and experience to assess leasing proposals, compile their analysis of leasing proposal into reports to council about leasing decisions to be made, and to make recommendations to the council about those leasing decisions...
Three Top Tips for successfully adopting AI within your legal practice
As curiosity grows within the legal profession around the benefits and pitfalls of Artificial Intelligence (AI) and its impact on the industry, you may already be planning to invest in ways to incorporate AI into your practice. Increasing efficiency and reducing the amount of unbillable time spent on case law research is a great reason for legal professionals to invest in technology. But investing in AI is only one...
Machines in Our Image: The Need for Human Rights in the Age of AI
Q&A with Authors Edward Santow and Daniel Nellor Machines in Our Image: The Need for Human Rights in the Age of AI is not an academic text but an essential read for anyone who wants to better understand AI, and how to make it work for everyone. We took the opportunity to ask Edward Santow and Daniel Nellor a few questions about the book. Q: What inspired you to write this book? ES: A decade ago, the NSW Police...
Harnessing Generative AI – A Guide for Australian Barristers
In today's rapidly evolving legal landscape, embracing innovative technology is crucial for staying ahead. Generative AI, with its remarkable capabilities in language processing, offers Australian barristers an unparalleled advantage in managing and executing their daily tasks. This technology is not about replacing human expertise but instead, enhancing it, enabling barristers to work more efficiently and effectively...
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 that left airlines grounded, hospitals scrambling and financial institutions in disarray. It was a wake-up call that echoed across the globe, reminding us just...
Friend or foe? How artificial intelligence is challenging the law’s approach to art
Introduction The law has always played catch up with technological change. With the evolvement of artificial intelligence (AI), that sentiment is alive and well. AI is “computer technology that aims to simulate intelligent human behaviour”. AI’s relationship to the law is particularly provocative in the field of art. When it comes to the authentication of artworks, connoisseurship, provenance documentation and scientific...
Three Top Tips for successfully adopting AI within your legal practice
As curiosity grows within the legal profession around the benefits and pitfalls of Artificial Intelligence (AI) and its impact on the industry, you may already be planning to invest in ways to incorporate AI into your practice. Increasing efficiency and reducing the amount of unbillable time spent on case law research is a great reason for legal professionals to invest in technology. But investing in AI is only one...