Insights
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...
Casual employees, unfair dismissal and general protections: recent commission rulings
Introduction The evolution of workplace protections has shown little signs of slowing in recent times. More and more often, the Fair Work Commission (FWC) has provided decisions on the broadening protections for employees and correspondingly broadening responsibilities for employers. The FWC frequently has to rule on the eligibility of employees to make claims under the Fair Work Act 2009 (Cth) for unfair dismissal...
Contractor or employee? Contract remains king and the superannuation guarantee is still unsettled
Overview of the issue The issue as to who falls within the ordinary or extended meaning of “employee” under the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) has arisen again, and this time, the result of the Full Court of the Federal Court’s decision should trigger a review of business’ relationships with independent contractors. The decision of JMC Pty Ltd v Cmr of Taxation emphasises the importance...
Action Point Checklist: Sustainable finance - Checklist to minimise the risk of greenwashing for a sustainability-related financial product
Introductory note: With the increased use of sustainable finance products, there is an increased focus on the risks and challenges facing market participants in connection with the implementation of sustainable financing, including the risks associated with 'greenwashing' (or, in the broader social context, 'bluewashing'). When implementing a sustainability-linked product, it is of paramount importance for borrowers...
Recommendations of the Taskforce on Nature-related Financial Disclosures – the natural next step for corporate disclosure
On 18 September 2023 at Climate Week NYC, the Taskforce on Nature-related Financial Disclosures ( TNFD ) released its highly anticipated final recommendations for nature-related risk management and disclosure ( TNFD recommendations ). The TNFD recommendations: give companies and financial institutions a framework to identify, assess, manage and report on their dependencies and impacts on nature and their nature-related...
Checklist for lawyers advising directors of a company in financial distress
This checklist was produced by the expert legal writers of Practical Guidance Insolvency & Restructuring and sets out key matters to cover when advising a director of a company in financial distress. While each company’s circumstances will be unique, directors of companies in financial distress should, at a minimum, consider the following actions. Directors’ Actions Checklist ➝ Familiarise themselves...
Responding to the legal issues of increasing insolvencies in the construction sector
The significant spike in insolvencies in the construction sector in Australia has caused a number of issues for owners of properties under construction. The contract disputes for unfilled contracts bring to light a number of issues in the law, particularly regarding owner’s rights under contract law. This is a vital, growing area of the law, so a deep understanding of it is key. This article comes from Tom Read , our...
Sub-concussive impacts in sport: a consideration of the current landscape
There is clear evidence that contact sports such as Australian Rules Football can lead to serious brain injury, leaving players with life-changing, and potentially catastrophic consequences. Most recently, we have seen class action proceedings instituted against the Australian Football League, as well as individual court actions such as that by former Australian Football League Women Collingwood vice-captain Emma Grant...
Greg Dickason, Managing Director Asia and Pacific, LexisNexis®︎ Bidding on an NFT
So, the LexisNexis practical guidance team has published the NFT on 'How to create an NFT'. As a nerdy CEO, I was of course keen to both follow the process of how we create the NFT, including all the internal hoops to navigate, as well as then to bid on the NFT once it was up for Auction. To find out about the hoops and the complexity of a multinational company interacting with the blockchain and digital assets, read...
AI and the modern law firm: selecting the right tech
This is the first article in the future-proofing your firm for growth series. Technology has long been part of what it means to practice law, with document automation, practice management systems, and computer-aided legal research part of lawyers’ day-to-day for decades. You could even argue that looseleaf services were an early form of legal tech – solving the problem of how to keep hardcopy legal content up to date...
AI for Growth: Harnessing the Power of Large Language Models in the Legal Industry
Evolution of Large Language Models There’s no doubt that AI is here. The surge in interest that has arisen from the introduction of new generative tools like ChatGPT or Google’s Bard is unlike anything we’ve seen for a long time. But the truth is that AI has been here for years – and even the Large Language Models that are now causing such excitement are actually already years old. The new wave of generative tools...
Moving towards a future-ready enterprise: Practical tips for AI implementation
You can’t scroll through LinkedIn without reading posts about the ‘5 things you need to know about generative AI’. Every second podcast in your feed now seems to relate to AI regulation and the risks and benefits of using generative AI. You have even prompted Stable Diffusion to create some outlandish images and asked ChatGPT to write your best man’s speech. You read some pieces written by technology thought leaders and...
Rise of the AI-enabled lawyer
This is the second article in the series Future-proofing your firm for growth. The legal profession has seen a gradual but significant transformation for several years. From increasing efficiencies and reducing the amount of unbillable time to becoming more client-centric, law firms have slowly yet steadily moved towards adopting newer and more data-driven techniques to shape firm growth. Responsibly embracing AI...
Getting ready for the NSW mandatory notification of data breaches scheme and other new privacy reforms
NSW privacy reforms NSW has recently ushered in a number of significant privacy reforms through the passing of the Privacy and Personal Information Protection Amendment Act 2022 (NSW) (Amending Act). As part of these reforms, the NSW Government has followed the Commonwealth and introduced a scheme for the mandatory notification of eligible data breaches (MNDB) scheme. The MNDB scheme will apply to NSW public sector...
No mercy for fossil fools: ASIC pulls no punches on greenwashing conduct
In response to growing consumer and investor concerns about environmental issues, the demand for “green” financial products and services has significantly increased in recent years. However, this trend is also accompanied by the growing risk of unsavoury conduct by some marketers and producers. An example of such misconduct is the practice of “greenwashing” by corporations. Greenwashing, in relation to investments, refers...
The Attorney-General’s review proposed changes to children’s privacy: no longer child’s play!
After a long time in hibernation (ie since the Children’s Online Privacy Protection Act (US) (COPPA) was passed in 1998), children’s privacy in relation to online activities and social media has re-emerged as a significant issue. This has been fuelled by the recent announcement of the UK privacy regulator that they are investigating (and will likely take action) against TikTok for infringing children’s privacy. Of course...
Class Action confusion: access to justice in the face of regulatory change
Class actions are now a mainstay of the Australian litigation landscape. As of April 2023, there were 144 class action proceedings on foot across all registries of the Federal Court of Australia alone, not including the significant number of class actions on foot in each of the State Supreme Courts with their own regimes (including in Western Australia, whose dedicated regime commenced operation on 24 March 2023). For...
Data breaches usher in a new era for Australian class actions
Recent major data breaches in Australia, suffered by telecom operator Singtel Optus, health insurer Medibank Private and financial services company Latitude Financial have led to a wave of class-action lawsuits exploring new ground in the country’s legal system. With no established playbook for class actions linked to cyberattacks in Australia, the success or failure of plaintiffs in convincing courts of their loss or...
Focusing attention on flexible work — Secure Jobs, Better Pay Act
Flexible work was firmly on the reform agenda of the Labor government. In the raft of reforms brought about by the enactment of the Secure Jobs, Better Pay Act, enacted in December 2022, flexible work is undergoing significant changes. This aspect of the reforms is operative from 6 June 2023. What reforms have been made to the Secure Jobs, Better Pay Act, and how does it provide protections to employees? What does the...
Generative AI for Lawyers: What It Is, How It Works, and Using It for Maximum Impact
What is Generative AI? Uses of Generative AI for Lawyers and Law Firms What to Look for When Selecting a Generative AI Tool Learn More about Generative AI Technology In late November 2022, the release of ChatGPT, a powerful generative artificial intelligence (AI) tool, sparked a global revolution, with the legal industry also experiencing its profound effects. In fact, the legal industry has since reported...