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Insights 21 March, 2025

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...

Insights 06 November, 2024

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...

Insights 06 November, 2024

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...

Insights 03 November, 2023

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...

Insights 24 October, 2023

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...

Insights 19 June, 2023

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...

Insights 19 June, 2023

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...

Insights 11 November, 2022

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...

Insights 10 November, 2022

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...

Insights 09 September, 2022

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...

Insights 19 August, 2022

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...

Insights 03 May, 2022

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...

Insights 22 February, 2022

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...

Insights 18 November, 2021

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...

Insights 14 June, 2021

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...

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