Insights
Privacy risks from artificial intelligence and machine learning models — what do lawyers need to know?
In this article from the December 2022 edition of the Privacy Law Bulletin expert author Dr Jonathon Cohen discusses Australia's rapidly changing privacy law framework. He also argues that lawyers and their clients would benefit from more clarity around the extent to which amendments to the Privacy Act might impact corporate governance requirements. Subscribers can access the full bulletin HERE . It covers three main...
The Ref’s Call: Pelvic mesh class actions demonstrate the courts’ growing and innovative use of referees in complex cases
By Simone Michel (Legal Writer – Practical Guidance Dispute Resolution) and Michael Kontoudis (Senior Legal Writer – Practical Guidance Dispute Resolution) Recent decisions of the Federal Court in high-profile class actions highlight the emerging trend for the courts to appoint referees in novel and innovative ways in a broad range of complex commercial matters, from the determination of liability and damages to the...
The Internet’s “bizarre” bazaar: ACCC enforcement on digital marketplaces
This article comes from the experts behind the Internet Law Bulletin which covers a range of legal issues posed by the Internet and online services: issues as diverse as copyright, defamation, online dispute resolution, privacy, trade practices and criminal law. Subscribers to Practical Guidance can access the full bulletin HERE . Key tips for lawyers advising companies with digital platforms The Australian...
Company directors’ responsibility for board sign-off of financial statements | Financial reporting
Signing-off on financial statements is one of the key responsibilities discharged by company directors under the Corporations Act 2001 (Cth). The Corporations Act requires disclosing entities, public companies, large proprietary companies registered managed investment schemes and sub-funds of corporate collective investment vehicles (CCIVs) to prepare and lodge audited annual (and, in some cases, half-yearly): financial...
ACCC 2023/2024 Compliance and Enforcement Priorities
On 7 March 2023, the Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb, announced the ACCC’s 2023/2024 enforcement and compliance priorities and confirmed its enduring priorities. The priorities span across both competition and consumer law, with many arising from the cost-of-living crisis. READ KEY TAKEAWAYS Subscribe to our Newsletter
Practical Considerations for Mediation in Sporting Disputes
In 1962, during the Cuban missile crisis, then Chairman of the Council of Ministers of the Soviet Union, Nikita Khrushchev, wrote to the President of the United States of America, John Kennedy the following words: Mr President, Mr Kennedy, you and I are like two men pulling on a rope with a knot in the middle, the harder we pull, the tighter the knot until it will have to be cut with a sword. Now why don’t we both...
5 Steps to Bridge the Reputation-Reality Gap During a Cyber Incident
As 2022 cyber events have shown us, few crises have the potential to impact an organisation’s reputation as negatively as a cyber incident. When not handled correctly, the damage to an organisation’s reputation from a cyber event can be severe and long lasting. A cyber incident that results in the theft or loss of customer personal information can irrevocably undermine trust in the organisation. This may erode market...
Generative AI and what it means to you
Unlike its generative predecessors such as Midjourney and DALL-E 2, ChatGPT seems to have caught the interest and imagination of the mainstream. I’d initially held off writing anything on the launch of ChatGPT due to the hype that accompanies these launches, but over a month later, it is still very much in the public consciousness. While it is still early days, ChatGPT represents a significant set forward in generative...
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...
Three tips for banking and finance lawyers when responding to an ASIC advertising query
Australian Banking & Finance Law Bulletin subscribers can read the full article here. Introduction From time to time, a credit licensee may receive a “please explain” letter from the Australian Securities and Investments Commission (ASIC) in relation to representations in advertising, to test the accuracy of statements made, the basis for making or evidence supporting representations, or any underlying calculations...
Beware of unfair contract terms
Significant increases to competition and consumer law penalties have commenced and sweeping reforms to the unfair contract terms regime will follow in 12 months’ time. Get ready, the ACCC has just been given a much bigger stick! What do these changes mean for Australian businesses? What are the key considerations for lawyers? Luba Poukchanski , our expert legal writer for LexisNexis Practical Guidance Consumer unpacks...
Mind the gap — ASIC turns its mind to whistleblower policies and entities must “walk” the policy “talk”
The Australian Securities and Investments Commission (ASIC) is calling on Australian CEOs, from public companies, large proprietary companies and corporate superannuation trustees to review their whistleblower policies and processes to ensure compliance with private sector whistleblower laws. Strengthened private sector whistleblower regime An enhanced private sector whistleblower regime commenced 1 July 2019: Pt...
Unfair dismissal: A “line in the sand” must not be discretionary (Michael Hudson v Metcash Trading Ltd [2021] FWC 2765)
Mr Hudson was employed as a forklift driver by Metcash Trading Ltd (Metcash) for 23 years. He was dismissed after using his mobile phone in a high-risk area in contravention of a Metcash policy. However, Mr Hudson was reinstated by the Fair Work Commission as the policy did not support this “ zero tolerance approach ”. This is a lesson for employers to pay attention to policy drafting to ensure the policy provides...
Four Key Factors Impacting Your ESG Score
Corporate responsibility is playing an increasing role in how the world views your brand or organisation, and the impact of these efforts goes far beyond basic public image or social media accolades. Your organisation's approach to sustainability and your ESG score can influence everything from how likely consumers use your product, which prospective employees are interested in working for you and how attractive you might...
Close your eyes at your peril: former directors penalised for breaches of the Credit Code and ASIC Act.
In Australian Securities and Investments Commission v Rent 2 Own Cars Australia Pty Ltd (No 2) [2022] FCA 491, the Federal Court penalised two directors of the now-deregistered Rent 2 Own Cars Australia Pty Ltd (‘ R2O’ ) a total of $228,000 for being knowingly concerned with R2O’s unlawful conduct, which included charging excessive interest and misleading consumers. The decision provides a practical application of the...
The contract is in the driver's seat but is it sayonara for labour hire independent contractor or Odco arrangements
The long-awaited High Court decisions in ZG Operations v Jamsek [2022] HCA 2 and Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 signal that the contract is in the driver’s seat but flags issues with “Odco” relationships for labour hire agencies. Multi-factorial but only as far as the contract says The multi-factorial analysis has held sway for several years....
Challenges for Victorian council landlords in managing leasing portfolios
Managing a large and varied leasing portfolio can be challenging for any landlord. Most landlords managing large portfolios use digital tools to manage various aspects of their leasing portfolios (eg, processing maintenance repairs and requests, tracking outgoings and rental payments and invoicing for such items). Increasingly, commercial, institutional and other large-scale landlords are also using digital tools to help...
Climate-related challenges for council landlords managing leasing portfolios
Climate change will continue to present challenges for council landlords in how they manage their leasing portfolios. Two of the CSIRO’s climate change projections are that extreme rainfall events will become more intense and that tropical cyclones, while possibly occurring less often, will become more intense. [1] With those and other predicted climate change impacts, council landlords might expect more frequently occurring...
Privacy in one’s image and biometrics
Newsletter subscribers can read the full article here . Introduction New technologies are making it easier to collect and use the images and biometrics of individuals. This article examines the types of biometric technologies being used, their legal ramifications and how Australia’s privacy law framework is responding. Background Biometrics are the physical or behavioural characteristics that can be used to...
Quick Reference Card: Voluntary Assisted Dying Laws in Australia Q&A with author, Samantha Pillay of Barry Nilsson Lawyers
Voluntary assisted dying (VAD) legislation has now been passed in all Australian states. This legislation provides a legal process for health practitioners to assist a terminally ill person to end their life in limited circumstances, and subject to completing a prescribed process. We spoke with Samantha Pillay of Barry.Nilsson. Lawyers about her recently released Quick Reference Card: Voluntary Assisted Dying Laws in...
Criminal Procedure and Sentencing in Western Australia Q&A with author, William Yoo
Recently, we spoke with William Yoo about his recently released book, Criminal Procedure and Sentencing in Western Australia. What inspired you to write a book on Criminal Procedure and Sentencing in Western Australia? Four things. First, my family. They have given me so much. Second, the rights of the poor and disadvantaged. Third, a few things I have read or tried to read in my life. I in no way compare myself to...
Managing intangible assets — practical tips for business leaders
The growing importance of intellectual assets (IAs) means that their management has become a key imperative for business leaders globally. This paper provides practical tips to assist leaders in effectively managing IAs to drive value and mitigate risk. What are intellectual assets? IAs are non-monetary assets without physical substance. 1 Whilst there is not a universal definition of the term, it is widely accepted...
Deeds in the Digital Age — How to Ensure Your Agreement is Legally Enforceable
In this article from the LexisNexis® Construction Law Bulletin July 2022 edition , Alex Ottaway and Rachel Cheung from HWL Ebsworth Lawyers discuss how a gap in the law may mean some electronically submitted deeds may have failed, and how to protect them if they have. Newsletter subscribers can read the full article here . Public health concerns, travel restrictions and everchanging legislative frameworks governing...
If you wanted to, could you pay the ransom for a cyber attack?
After nearly a week, the details of the Optus cyber attack are still unclear. At one point, it was thought that confidential data relating to 10,000 unlucky Optus customers had potentially been leaked by the now infamous Optus hackers. Passport details, dates of birth, addresses. All data leaked, purportedly in the open. To make matters worse, the hackers behind the Optus data breach were said to have announced that they...
Brave new world: why major brands are investing in NFTs
While there are exciting commercial opportunities surrounding the use of non-fungible tokens (or NFTs), organisations should be aware of the key legal mechanisms that can be put in place when minting an NFT to protect their interests. This article from the LexisNexis® Internet Law Bulletin April 2022 edition explores a recent use of NFTs by the music festival Coachella , where NFTs were deployed to engage consumers...