Insights
The Long Tail of COVID-19: Prevailing trends in civil litigation in 2021 and beyond
With the impending rollout of the COVID-19 vaccine in Australia and across much of the world, the business and legal community is beginning to look forward to the resumption of the so-called ‘new normal’. It is clear, however, that the aftershocks of the pandemic will be felt throughout 2021 and beyond, and that law firms will need to adapt to accommodate the lasting impacts of the virus on the legal industry. While these...
Combustible Cladding: A lesson on the administration of law on liability
The fires at the Grenfell Tower in London in 2017 and the Lacrosse building in Melbourne in 2014 have resulted in new laws for buildings with external combustible cladding. New South Wales has experienced issues with defective buildings at Erskineville, Mascot and Sydney Olympic Park. There have been various approaches to dealing with these issues in different state jurisdictions. New South Wales The State Government...
Virtual training sessions Q&A with Jaya Ralph
Here at LexisNexis our tailored in-person training and dial-in webinars are built around your annual plans, allowing you to map out your training strategy over a 12 to 24-month period. However, 2020 posed new challenges and our training sessions needed to adapt quickly to a completely virtual training experience. Here we talk to Jaya Ralph, Law Faculty Librarian at Curtin University about her experience and the unique...
Can Legal Analytics ‘solve’ the tension between the business and the practise of law?
Marrying the business and the practise of law is hard. You need to produce quality work, to a tight timeline, and often with a client who expects perfection at a low price. Efficiency in the process cannot compromise you utilising the intellectual knowledge you have built up as a practising lawyer. Your client expects your experience, brought to bear on the exact nuances of fact and law of their matter. Well-designed...
Identifying workplace bullying as a result of COVID-19: Duties for employers
With the increase in employees now working from home full time, employers need to be aware of new and additional pressures on individuals that can be significant risk factors for workplace bullying. Even when working from home, employees are at risk of workplace bullying, however employers should be aware that certain groups of employees may be at a greater risk of feeling marginalised at this time. Employees with mental...
Respect at work, safe workplaces remain far from reach for Australian employees
Amid headlines listing COVID numbers & quarantine mishandling incidents across the states, Australia attracted global attention earlier this year with stories emerging from Parliament that detailed sexual harassment, assault, inappropriate behaviour, bullying and unequal treatment of women dedicated to careers in politics. This was hardly a revelation for women in politics, or in any profession, yet vastly uncomfortable...
Commercial leases under strain as emergency protections roll back
State and territory Governments throughout Australia responded to the economic downturn wrought by the COVID-19 pandemic by allowing temporary relief to commercial tenants from their rental and trading obligations last year. Yet as the country and the economy begin to recover, this measure is slated to end abruptly. Commercial property holders looking to regain the ability to draw rental income from their investments...
Security of Payment in Construction
Over the last decade, security of payment legislation has been introduced in all Australian jurisdictions as follows: NSW: The Building and Construction Industry Security of Payment Act 1999 VIC: The Building and Construction Industry Security of Payment Act 2002 WA: The Construction Contracts Act 2004 NT: Construction Contracts (Security of Payments) Act 2004 SA: The Building and Construction Industry Security of Payment...
Balancing the risks of new technology: The intersection of technology, risk management, operations and governance
Adopting new technology has risks. Not adopting new technology has risks. How are you balancing them? Leading governance professionals around the world are grappling with how to balance these questions. New perspectives are revealed inside a new LexisNexis whitepaper, ‘ How technology is rewriting the risk management landscape, and how to govern the new opportunities and risks presented ’. Read the whitepaper During...
Clean energy and emissions reduction investments in 2021-22 Budget
The Morrison Government has pledged nearly $1.8 billion in energy and emissions reductions in recent weeks, an investment that is expected to form a plank in the upcoming May Budget. The announcements were made in the lead up to the virtual Leaders’ Climate Summit, convened by US President Joe Biden, and held on 22-23 April. On his first day in office, US President Biden re-established the US’ commitment to the Paris...
Context Switching: The Bane of Lawyers
Today’s lawyer must contend with a wide variety of distractions. Context switching, in particular, is mentioned time and time again as one of the most hated time sappers. Carrying out legal work on computers and other internet connected devices brings valuable efficiencies for law firms, not least fast client communication and effortless access to relevant legal intelligence. However, the seemingly never-ending stream...
Electronic signing, virtual meetings, and continuous disclosure: the current state of play and progress on permanent reform
Australian companies can continue to enjoy the current flexibility in using technology to sign documents and hold meetings, as the existing temporary relief measures remain in effect until 31 March 2022. Additionally, significant permanent reforms to continuous disclosure became effective on 14 August 2021, enabling companies to balance appropriate disclosure to the market against ensuring they can confidently release...
The Family Court merger: What’s happening?
Legislation effective 1 September will substantially change the courts that administer family law. Broadly speaking, the substantive law will not change, although there will be changes of practice and procedure. The legislation Two Acts are involved, the Federal Circuit and Family Court of Australia Act 2021 (the ‘main Act’) and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional...
Buried Treasure: The Opportunity of Data and Legal Analytics
The foundations on which law firms and organisations have operated successfully across the globe for many years are shifting at a fast pace. Clients are facing business changes and transformation like never before – and the legal market needs to not only keep up, but also lead the way, to assist clients and maximise business and productivity opportunities. Some of the questions facing the industry include - “Where do...
How corporate transactions will become easier by law, pending reform
Business as usual disruptions aside, the COVID-19 pandemic has thrown significant challenges in the face of Australian companies and their capacity for compliant corporate transactions and daily practices. Rolling lockdowns, stay-at-home orders, and social distancing measures make it difficult to execute documents that require ‘wet ink’ signatures, or to hold AGMs and other binding meetings in person. Last year, the Morrison...
Don’t fly into a storm: how to protect clients from themselves in the data space
Introduction Many entities operating online acquire large quantities of data through various means, whether it be through payment details, subscriptions or online surveys. A lot of this data is acquired by entities online. This article discusses a recent determination made by the Office of the Australian Information Commissioner (OAIC) against Flight Centre 1 which demonstrated the costs of human error against the...
The good, the bad and the ugly: businesses dealing with reviews
Take away tips Defamatory review posts that cause economic loss can generate substantial damages awards, which in circumstances of aggravation can exceed otherwise applicable statutory limits Establishing that visits to a business’s website fell off steeply after a defamatory posting shows a causal link between a defamatory post and subsequent economic loss. The Australian Competition and Consumer Commission ...
COVID-19 public health orders did not frustrate hotel business sale, despite financial hangover
The NSW Supreme Court has held that the sale of a hotel business was not frustrated by COVID-19 public health orders restricting its ability to trade. Parties concerned about maintaining flexibility to exit a transaction should consider more specific options, such as a carefully-drafted material adverse change clause. Background In January 2020, Dyco Hotels Pty Ltd (Dyco) and Quarryman Hotel Operations Pty Ltd contracted...
Whiplash! NSW Court of Appeal overturns specific performance of heads of agreement for sale of smash repair business: AMA Group Limited v ASSK Investments Pty Limited
The NSW Court of Appeal has overturned a Supreme Court decision ordering specific performance of a heads of agreement for a business sale, finding that board approval was a condition precedent that had not been satisfied. The case is a reminder of the importance of clear drafting when entering into preliminary transaction documents. Background AMA Group Limited ( AMA ) is an ASX-listed panel shop and car repair company...
New Environment Protection Laws in Victoria to Protect Public Health and the Environment
Substantial amendments to the environment protection statutory framework in Victoria commence on 1 July 2021. The amendments to the Environment Protection Act 2017 (EP Act 2017) replace the statutory framework of the Environment Protection Act 1970. The new statutory regime represents the largest change to environment protection laws since the introduction of the 1970 Act. Planning and Environment Victoria has been...
Sharing Risk: Why intellectual property insurance is a must for modern business
In July 2019, almost 4 years after the filing of the first infringement suit, a nine-member jury rendered its verdict in favor of Marcus Gray’s claim that Katy Perry, a pop megastar, had improperly copied Gray’s song “Joyful Noise” in her hit “Dark Horse”. The price tag of this legal battle between Marcus Gray and Katy Perry, which also involved their respective teams, by far exceeded the awarded damages and the blight...
Sexual Harassment and Work Health and Safety
Sexual harassment in the workplace has received increased public attention in recent years in the wake of the MeToo movement. The courts have also shown a willingness to award substantial damages in sexual harassment claims, recognising the significant physical and psychological impact of the harassment on the victims. For example, $170,000 was awarded to a paralegal who was subjected to persistent and threatening harassment...
How to protect your IP without making a groundless or unjustified threat
One of the most common and effective means of a party acting to protect its intellectual property (IP) is by sending (or having a lawyer send) a letter of demand, with such letters forming a key part of the day-to-day practice of many IP lawyers. However, these letters, and other communications that put potential infringers on notice of an IP right, run the risk of contravening the unjustified threats (or groundless threats...
To pay or not to pay: The rise of ransomware in 2021
Over the last 18 months, there has been a rise in ransomware attacks, impacting businesses both domestically and globally. Dudley Kneller, Partner at Gadens, defines what is ransomware, outlines what does an attack look like, cites recent examples and concludes with some tips and takeaways on how to reduce risk to your organisation from ransomware attacks.
Buying off the plan? A lesson in contract specificity
The NSW government introduced new disclosure requirements for developers entering into off-the-plan contracts for residential developments from 1 December 2019. A Disclosure Statement is now required to be attached to a contract for sale that includes information such as sunset dates, whether development approval has been obtained and details of any strata scheme, community precinct or neighbourhood scheme the lot may...