Security of Payment (SoP) Case Developments 2024
Jennifer Raphael , Senior Legal Writer, Practical Guidance Construction, LexisNexis ® In 2024, several pivotal decisions were made across New South Wales, Victoria, and Queensland concerning Security of Payment legislation, which are crucial for construction...
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...
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...
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...
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...
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...
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...
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...
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...
Is Buy Now, Pay Later a Bubble That’s About to Burst?
BNPL (buy now, pay later) is an increasingly popular form of consumer credit in Australia, but is this a bubble that’s just waiting to burst? With new players, the threat of new regulation, and rising interest rates posing challenges, Fiona Thatcher unpacks the...
Key considerations when preparing an estimate of legal costs
This article sets out several key considerations for legal practitioners, barristers, and litigators when preparing a cost estimate, and addresses the following questions. Why is providing an estimate of legal costs important? How should you draft the costs...
Why knowing how to monitor state and federal legislation is critical
Thousands of measures are proposed across Australia annually, and hundreds end up being legislated, ranging from relatively minor, to wide-ranging policy that can have major social, economic, or industrial significance. This was the case even during the Covid-19...
New legislation on the cards, while managing economic calamity
As global and local economic conditions continue to tighten, the challenge facing newly elected Anthony Albanese who has kicked off his legislative agenda already is growing by the minute. The PM has said he wanted to prioritise climate change targets, the establishment...
A question of notice: employment contract’s implied term of reasonable notice versus the Fair Work Act’s notice provisions.
Courts have had to decide many cases in which a dismissed employee claims damages for breach of contract, the alleged breach being the failure to give the amount of notice that was implied into the contract (because there was no express term specifying the period...
Building rapport during online dispute resolution: different, difficult, doable
The rapidly changing court protocols amidst the COVID-19 pandemic have posed tremendous challenges for barristers, solicitors and their clients. With dispute resolution and mediation via video technologies becoming a more typical way of resolving legal disputes...