Insights
How to Select a Responsible AI Business Partner
By Geoffrey D. Ivnik, Esq. | Director of Large Markets, LexisNexis ® This article was written by Geoffrey D. Ivnik, Esq. | Director of Large Markets, LexisNexis in our US office. Lexis+ AI was launched in the US in October 2023, and Geoffrey 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...
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 available civil penalties have increased in a wide range of areas. Civil penalties are a powerful tool for regulators to encourage compliance, and businesses...
Are Reports of the Billable Hour’s Death AI-Generated?
This article was written by Geoffrey D. Ivnik, Esq. | Director of Large Markets, LexisNexis in our US office. Lexis+ AI™ was launched in the US in October 2023, and Geoffrey 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 work with the launch of Lexis...
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 of mental illness. What needed to be done and was not done to avoid Psychosocial hazards? The employee in question, Ms Kozarov, was a solicitor who worked...
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 and legitimacy. Both cases were brought by environment groups that undertake surveys for native species in Victorian forests. At trial, the plaintiffs...
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 impose Lockdown Directions in Victoria during 2020 has had long-lasting and significant impact on many people’s lives. Once the Victorian government declared...
Blog 5: The blog that answers *all your remaining NFT questions…
A lot has happened since we last wrote about our NFT project. The Easter Bunny has been and gone. The Cash Rate has risen. Sweden won Eurovision. And yes… over a few more real coffees, in virtual meeting rooms, and, with guidance from our advisers at Herbert Smith Freehills, we have mulled over (see Blog 3 for more detail) and finalised (break out the champagne) the terms and conditions for our NFT. You can see our...
The evolution of data, privacy & IP: What you need to know in the age of AI
Of all the issues posed by the growth of AI, the data privacy and IP implications are certainly among the most interesting. What data was the AI bot trained on? How is it used? How easily accessible is it by another party? What rights does a creator have if their work is being replicated or adapted without their consent? Questions abound in this space, and for many of them the answer is, “we’re not entirely sure just...
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 lease or a licence. How is an easement created? Any landowner can agree to create an easement in favour of another landowner. Councils (and some other statutory...
When two become one: ACCC pushes for reform saying Australia’s merger laws are no longer fit for purpose
Presumably, the Spice Girls weren’t referring to M&A activity when they penned the lyrics to their iconic late 90’s hit ‘2 become 1’, but there are some similarities that can be drawn between it and merger control in Australia. Free your mind of doubt and danger Be for real, don't be a stranger We can achieve it, we can achieve it. Many argue that regulatory intervention (through competition or anti-trust laws) is...
Uber Health: Sharing rides is one thing, but what about sharing health information?
What is Uber Health, and what are they trying to revolutionise? What privacy risks are associated with Uber Health, and what are the privacy risks to consumers? What are some recent cases of data breaches, how is Uber Health susceptible to these attacks, and what are they doing to prevent them? This article comes from the experts behind the Health Law Bulletin . The bulletin covers up-to-date news, information, and...
Hallucination-Free Linked Legal Citations
This article was written by Serena Wellen, Vice President of Product Management, LexisNexis in our US office. Lexis+ AI was launched in the US in October 2023, and Serena has written this article with the benefit of seeing our generative AI solution in market. LexisNexis Australia will launch the localised version of Lexis+ AI next month. We believe that this article is valuable to Australian lawyers. We raised some...
Exploring the essentials of responsible legal AI innovation
In a recent episode of the legal talk podcast, Jo Wade, Senior Director of Global Products at LexisNexis ® Asia Pacific and Seeta Bodke, Head of Core Product Pacific, LexisNexis discussed how LexisNexis builds its AI products, as well as the guardrails that are in place to ensure all AI development occurs responsibly. This blog summarises some of the key areas discussed. To listen to the full episode click here . Among...
How is generative AI disrupting legal workflows?
In a recent episode of the Legal Talk podcast, Belle Jing, Partner-Marque Lawyers, and Katherine Llewellyn, Executive Director, Practical Guidance, LexisNexis®, discuss the transformative impact of generative AI on legal workflows and the evolution of existing roles and the emergence of new ones as organisations prepare to navigate this technological shift. This blog post unpacks some key points of the discussion. To...
Bringing the best of generative AI to legal work
In a recent episode of the Legal Talk podcast, Jeff Reihl- Chief Technology Officer and Jamie Buckley – Chief Product Officer from LexisNexis ® Global joined Greg Dickason, Managing Director of Asia & Pacific to delve into the transformative impact of generative AI on legal work. This blog unpacks some of the key points of the discussion. To listen to the full episode, click here . While the hype around generative AI...
Government announces sweeping reforms to Australia’s merger laws
On 10 April 2024, Australian Federal Treasurer Dr Jim Chalmers MP announced the government’s intention to introduce the “biggest reforms to merger settings in almost 50 years” in his address to the 2024 Bannerman Competition Lecture. The full suite of reforms proposed by the government are contained in its response to the Australian Treasury’s consultation on merger settings, released as part of its two-year rolling Competition...
The Family Law Amendment Act 2023 (Cth): A summary of the changes which will commence on 6 May 2024
The Family Law Amendment Act 2024 (Cth) (FLAA) comes into effect on 6 May 2024. The new Act introduces a range of changes, most of which are centred around parenting, with the bulk of the Amendments to Part VII, Family Law Act 1975 (Cth) (FLA). The purpose of the amendments is to make the family law system safer and simpler, and to ensure that the best interests of children are central to the system. There is no grace...
ACCC 2024/2025 Compliance and Enforcement Priorities
The Australian Competition and Consumer Commission (ACCC) has announced its annual compliance and enforcement priorities, providing Australian businesses and their legal advisors with a practical roadmap of the industries and types of conduct that will face increased regulatory scrutiny this year. In light of challenging prevailing economic conditions, including rising inflation and interest rates, Australian consumers...
Exposed and vulnerable: Pregnancy and the dark patterns of the web
Are you ever more vulnerable to the dark patterns of the web, targeting and the misuse of your personal information than while trying to get pregnant, during pregnancy and becoming a new parent? You might be spending a ridiculous amount of time online researching the latest and greatest baby products and be subject to “price comparison prevention”, where a retailer makes comparing the prices of different products...
Smart devices, connected services and the rising tide of expectations of consumers and regulators
Peter Leonard DATA SYNERGIES Key points The trajectory of statutory requirements affecting smart devices and connected services is becoming more clear. Australian law will impose greater burdens upon all entities collecting, using and sharing data, including non-identifying data and particularly, where data is used to enable automated outcomes or handled in any way that may compromise the security of critical infrastructure...
Building the future of legal services with legal AI
In a recent episode of the Legal Talk podcast, Greg Dickason , Managing Director, LexisNexis ® Asia & Pacific, and Claire Linwood, Local Product Lead at LexisNexis Asia & Pacific, unpacked some of the key issues that decision makers in law and legal operations grapple with as they build the AI-powered futures of their organisations. This blog post touches on just a few of the issues discussed. To listen to the full...
The unseen struggle: Identifying and responding to the risk of psychiatric injury
Charles Power and Fiorella Chiavetta HOLDING REDLICH Employers have a non-delegable duty of care to their employees to provide a safe system of work and to take reasonable steps to prevent reasonably foreseeable injuries. This paramount duty arises under both statute and common law and extends beyond physical safety to encompass psychological well-being. However, the risk of psychiatric injury is often less apparent...
Unfair contract terms now unlawful
Patrick Dwyer and Kathleen Harris DWYER HARRIS Introduction Amendments to the unfair contract terms (UCTs) legislation commencing on 9 November 2023 make UCTs unlawful. This article reviews the UCT law in light of the amendments. Background The UCT legislation was introduced on 1 January 2011 for consumer contracts. In November 2016, it was extended to small business contracts and in April 2021, insurance contracts...
Interview with Gayann Walker: A Barrister’s Perspective on the Future of Sports Law
This is an interview with Gayann Walker, an editorial panellist on our Sports Law Bulletin. Gayann is a barrister at the Victorian Bar where she specialises in (among other practice areas) matters relating to sports law. Gayann is also a Tribunal Member with Football Victoria and a former Board member of the Southern Football Netball League. Throughout the interview, Gayann provides some insight into the practice of sports...
Significant shift in NSW long service leave case law could be the trigger for broader national reform
Over the past five decades, regulatory reform has seen changes to most employment-related legislation enacted both at the federal and NSW levels. However, one regulatory regime that has operated relatively unchanged over this period is NSW’s long service leave law — the Long Service Leave Act 1955 NSW (LSL Act). That legislation provides that employees accrue an entitlement to long service leave after 10 years and may...