Insights
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...
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...
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...