Practice Intelligence

04 October 2017

The 2017 Legal Data Jam

A day where too much legal problem solving was barely enough.

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29 September 2017

Briefing: The 2017 Annual Corporate Law Teacher Association Conference

In February 2017, the 26th Annual Corporate Law Teachers Association (CLTA) Conference was co-hosted by the Accounting Finance & Economics Department within the Business School and the Law School at Griffith University, Gold Coast Campus.

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29 September 2017

Nothing implied: Construction as a means of curbing excessive use of power in employment contracts

Lawyers regularly review their precedents to ensure that they preserve the power employers have over their employees. They do so knowing that Australian law imposes a heavy burden on those who seek to constrain the excessive use of such power through the implication of terms into the contract, either at law or in fact.

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19 September 2017

Reaching a consensus on the need to reform the Corporations Act

As with many pieces of legislation, the Corporations Act is built upon a 19th Century regulatory model and was conceived in a pre-digital economy to cater to now-obsolete corporate structures. Over its lifespan, the legislation has been sporadically amended to keep up with change and to update its framework to fulfil the requirements of modern corporations.

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13 September 2017

How do governance professionals view the current Corporations Act? [Infographic]

Australian corporate legislation was developed in a pre-technological era. As such, there is an emerging view that the current Corporations Act is a carry-over from the nineteenth century, which struggles to facilitate agile corporations or to allow new corporate structures to emerge.

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8 September 2017

The Rise Of AI, Are There Consequences For Graduates?

The Talks of AI and automation are reaching fever pitch, and frankly it is an exciting time to be in Legal services. We are in an age of automated cars, 3-D printers, self-moving lawn mowers (who will miss mowing the lawn?) and now AI negotiating contracts, researching and completing office based tasks, where discovery is being reduced from months to weeks and AI has been trialed determining historical judgements with a 96% success rate.

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1 august 2017

Future focus in legal: perspectives from industry leaders (part 2)

In the lead up to our Human v Cloud: Computing the People factor of legal services event series, we asked some of our panellists a few warm-up questions to provide a taste of the discussion at the events.

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1 august 2017

Future focus in legal: perspectives from industry leaders (part 1)

In the lead up to our Human v Cloud: Computing the People factor of legal services event series, we asked some of our panellists a few warm-up questions to provide a taste of the discussion at the events.

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25 July 2017

Competition risks in high technology industries

From autonomous cars and wearable medical devices to online retail platforms and metasearch engines, technology and "big data" continue to reshape how all companies do business.

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17 July 2017

Insight and opinion: Nomos' take on Australia's skilled migration programme reforms

Much has been written and said about the major reforms to Australia's skilled migration programme that were suddenly announced by the Prime Minister Malcom Turnbull MP and the Minister for Immigration and Border Protection Peter Dutton MP on 18 April 2017.

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10 July 2017

How to successfully navigate the information-rich digital world

We live in an age of information, powered by technology. Where once a collection of Encyclopedia Britannica was required to find the answer to an obscure question raised in a lively pub discussion, now all that is needed is a 4G signal on one of the many devices inevitably resting on the table.

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8 MAY 2017

Navigating the 457 changes – what you need to know

On the 18 April 2018, Prime Minister Turnbull and Minister for Immigration and Border Protection Peter Dutton announced a series of reforms to the Temporary Work (subclass 457) and the permanent employer sponsored visa programs.

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20 April 2017

Why a commitment to social justice and human rights is good for business

Since the Global Financial Crisis (GFC) there has been considerable debate about the role of corporations in society.

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29 March 2017

Centenary of Ilmar Tammelo

February 2017 marks the centenary of the birth in 1917 of one of the best loved teachers at the Sydney Law School in the 1960s and 70s, Doctor Ilmar Tammelo.

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17 March 2017

Age is of no importance unless you are a cheese

Former federal treasurer Peter Costello famously asked Australians to have one child for mum, one for dad and one for the country, and while his remarks were made during a surge in the birth rate a decade ago, it appears the optimism of that era hasn't translated into a population boom.

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16 February 2017

Disciplining employees' out-of-hours behaviour: a blurred line

This article is an extract from a longer article that appeared in Internet Law Bulletin.

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30 JANUARy 2017

The Use of Social Media by Australian Courts

Abstract. This article explores how Australian courts are using social media to disclose information about decisions as well as to advise about court appointments, media reports and administrative matters. It examines how the social media channels are being used and any issues or risks associated with that use.

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25 JANUARy 2017

Businesses' responsibilities to respect human rights

Human rights are something often thought to be the responsibility of national governments. Over the past few years, however, there is a growing awareness of the impact on and participation in human rights abuses by businesses.

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24 novemBER 2016

Governance: Can you have too much of a good thing?

In July 2016, Governance Institute of Australia partnered with LexisNexis to conduct a survey of Institute members to capture their views on how governance is perceived in their organisations.

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01 novemBER 2016

How soon do you need to communicate after a crisis?

I was working with an executive team on a crisis scenario, when one of the leaders asked a question about crisis communication: "How soon do we need to communicate? Five minutes, 10 minutes, 1 hour, 1 day?" He was looking for a precise number to evaluate a few past incidents that were top-of-mind for everyone in the room.

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24 OCTOBER 2016

Spoiler Alert: Copyright Law and Online Spoiler Culture

The dramatic cliff-hanger that capped off the sixth season of AMC's The Walking Dead has viewers of the highest rating show on US television clamouring to find out what happens next.1 After a user of the popular web forum The Spoiling Dead Fans promised that they knew the answer, AMC issued a cease and desist letter threatening an action for copyright infringement.

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12 OCTOBER 2016

Smart Law: 2016 LexisNexis Roadshow Report

Technology has been a disrupting force in many industries for years now. To date, the practice of law has been relatively slow to embrace these changes, due to entrenched workplace cultures dictating how things are done and an inherent tendency for the profession to be risk averse. Despite this resistance, technology-driven change has arrived.

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04 AUGUST 2016

How jam can reinvent the future of law

The Legal Service Design Jam generated inspiration and innovation in Sydney on 27 July 2016 as part of the Janders Dean legal transformation conference.

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04 AUGUST 2016

Report 1 Process blog article

In the legal industry, there is a critical gap between the client's idea of great service and the lawyer's idea of great service. Deep customer understanding takes many years of engagement to achieve and even then, happens only rarely.

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04 AUGUST 2016

Report 2 People blog article

The group came together to discuss the key issues in relation to 'people' in the legal industry and put oars in the hands of industry leaders. The Legal Service Jam participants were a diverse collection of lawyers, non-legal roles and management from large, mid and in-house organisations.

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04 AUGUST 2016

Report 3 Technology blog article

In July 2016, the first Legal Service Design Jam in Australia was held in conjunction with the Janders Dean Legal Horizons Conference at Pier One on the remarkable Sydney Harbour.

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17 JUNE 2016

How I learned to stop building faster horse carriages and love disruption {Whitepaper}

Innovation is no longer on the list solely for start-ups but has become a strategic goal for senior leadership of small, medium and large sized organisations. However, professional service organisations, and in particular those in the legal industry, are struggling to match other industries in their stride.

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25 MAY 2016

Proposed changes to Australia's Intellectual Property arrangements

If Australia's so called 'ideas boom' is to truly take off, we will need intellectual property laws that foster innovation and creativity. Whether strengthening or weakening intellectual property rights is the way to achieve this is a contentious issue that has been brought to the forefront over the past month.

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20 MAY 2016

Looking at the Future of Legal Services

Recently, a prominent thought leader on the direction and future of legal services visited Australia. This sparked a wave of social media comments on whether a 'lawyer' of the future may be something other than human, and whether some key legal tasks in the domain of the legal profession may be done by artificial intelligence or the like.

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14 MAY 2016

Establishing a corporate governance framework (infographic)

Seek to ensure that your company adopts the spirit of the corporate governance framework.

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05 MAY 2016

Does the Annual General Meeting (AGM) need to become an eAGM?

The annual general meeting (AGM) has long been the forum where shareholders and directors have the opportunity to interact. It is a two-way communication forum which facilitates the exchange of information, the examination of profit and performance-related issues and enables shareholders to ask questions of the board about company performance and stewardship.

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01 MAY 2016

The Independent Directors' Dilemma

There was a time in the not too distant past when it was generally accepted that directors of corporate boards constituted a closed network. As a consequence, the role of directors and their accountabilities seemed shrouded in mystery – a mystery that few people outside of the directors' circle were interested in solving.

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14 APRIL 2016

Privacy and Social Media

Organisations in Australia and overseas are recognising the benefits of using social media platforms such as Facebook, Pinterest, and Twitter to promote their goods and services, and to effectively engage more with their customers and strategic partners.

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23 NOVEMber 2015

Law Graduates Churned Out At Risk of Extortion while Indifferent Profession Yawns

According to a mainstream newspaper, an entrepreneurial South Australian law firm has developed what they believe to be a market worthy business model under which law graduates would be charged $22,000 for the privilege of working for the firm as articled clerks. The inventiveness of the law firm does not end there.

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28 october 2015

Download Innovation Inertia: 2015 LexisNexis Roadshow Report

We explore how the Australian legal landscape is responding to disruptive trends in client expectations, emerging technology and organisational culture through strategic innovation.

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29 september 2015

Revenge porn makes new law

Australian courts and Australian parliaments appear equally reluctant to create a generalized tort of invasion of privacy in Australia. This is despite the increasing use of social media, including Facebook, which has created new ways for an individual's privacy to be invaded.

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27 september 2015

Exploit domain names at your own risk: interlocutory relief may be available

Protection of domain names is of utmost importance to companies that rely heavily on their online presence to develop their brand and obtain revenue. One such company is Thomas International Limited (TIL), a global provider of psychological and competency testing operating substantially online, with a centralised hub in the UK accessible to TIL's distributors and customers.

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05 september 2015

The latest superannuation insurance changes

There have been a number of changes to the way in which insurance can be held within a self-managed superannuation fund (SMSF). Broadly, these changes limit the types of policy that can be held by SMSF trustees, but there is also a broadening of the rules relating to terminal medical conditions.

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30 AUGUST 2015

Film directors' copyright -- fair remuneration for all

In a world where most of us rightfully expect that creators are rewarded with intellectual property rights in their unique creations, whether they be books, music, film or games, it is hard to believe that some in the chain of creativity get the short end of the stick. Yet this is exactly the situation for Australian directors; in contrast to their European counterparts they have no genuine claim to copyright in the films that they create.

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30 AUGUST 2015

Online testimonials, product reviews, endorsements -- managing the risk of false and misleading claims

Word of mouth is one of the best ways to sell a product or service. Many consumers rely on reviews for information about goods and services to assist in purchasing. A glowing testimonial or endorsement can have a strong influence on a consumer's decision to purchase a product or service.

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28 AUGUST 2015

Apps for children -- advertising space in sheep's clothing?

In corollary to the growth in children's access to the internet and touchscreen tablet computers and smartphones, demand for the development of child-friendly application software, commonly known as "Apps", has surged. According to leading market research company Nielsen in their 2014 Australian Online Landscape Review, three out of five Australian households with primary school age children own a tablet computer and have an internet connected television in the home.

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25 AUGUST 2015

Net neutrality and Netflix

Very shortly after the US Federal Communications Commission's (FCC) decision early this year to pass new net neutrality regulation in the US, it emerged that one of the most prominent supporters of net neutrality, Netflix, was signing up to agreements in Australia that arguably violate the principle of net neutrality.

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17 AUGUST 2015

Big data, metadata and personal data -- how does the Privacy Act regulate metadata?

Following amendments to the Privacy Act 1998 (Cth) in 2014 to strengthen privacy protection and give the Privacy Commissioner power to impose significant penalties for interferences with privacy, the federal government introduced and passed the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth).

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02 August 2015

Will streaming services end piracy?

In April, an article on news.com.au noted that Australians were pirating HBO's Game of Thrones more than any other country in the world on a per capita basis. However, this is not a moniker of which Australians should be proud. Digital piracy is tantamount to stealing and does real damage to Australia's content creation industries

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23 JULY 2015

Gifting as an estate planning technique

The fast growing trend of "gifting" as an estate planning strategy can be a win-win for clients and beneficiaries, but it's fraught with pitfalls for the unwary and is something not to be taken lightly.

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20 JULY 2015

Damages for breach of confidence in a social media context

Mr Ferguson posted explicit videos and images of his former partner Ms Wilson on his Facebook page. During their relationship, the couple had shared explicit images with each other via text message. Mr Ferguson also used Ms Wilson's phone, without her consent, and emailed himself a number of explicit videos. Upon realising this, Ms Wilson requested and Mr Ferguson agreed not to share the explicit videos or photos.

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15 july 2015

So tell me, what exactly is the ATO's role in SMSFs?

In 1999 the regulation of self-managed super funds (SMSFs) was moved from the Superannuation and Insurance Commission (subsequently Australian Prudential Regulation Authority (APRA)) to the Australian Taxation Office (ATO) and at that time, it was suggested that the ATO got that job because SMSFs were seen to be just tax play vehicles, not serious retirement funding vehicles.

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05 JULY 2015

Critical prerequisites of legal search technology for banking and finance lawyers

Drafting of documents plays a large role in the daily business of lawyers. They spend as much as 60 percent of their time creating, checking, and collaborating with other lawyers to generate documents. Drafting takes up approximately two hours a day which 6 out of 10 lawyers acknowledge.

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02 july 2015

Dispute resolution clauses: approach with care

It is common for contracts to contain dispute resolution clauses. It is just as common for these clauses to be given little consideration during the drafting phase -- with potentially costly consequences.

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29 JUNE 2015

Airbnb and Uber: the need for social sharing sites to gain trust through privacy compliance

The privacy of our personal information has, in many respects, become a commodity to be traded for goods and services: if you receive goods or services for free, it is likely that it is you (or your personal information) that is the product. But, as social sharing companies like Airbnb and Uber have discovered, as individuals become more privacy-aware, they are increasingly reluctant to hand-over personal information, unless they trust that their personal information will be protected and properly handled

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27 june 2015

Product liability insurance implications of 3D printing

The emergence of 3D printing has been described as paving the way for a third industrial revolution. The technology enables small businesses and even individual consumers to make products that previously could only be built by large manufacturers. We consider some of the implications of this new technology for insurers, particularly in the realm of product liability.

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30 MAY 2015

Assessing cyber security risks and the role of cyber insurance

Most people associate "cyber breaches" with criminal hacking, political "hacktivism" or sovereign state espionage. These types of cyber breach events are newsworthy, seem to happen overseas more often than not and attract broad media attention. They seem quite removed from the world of the average client's business in Australia.

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29 MAY 2015

What Foot-and-mouth can teach us about cybersecurity

The threat of a digital computer virus is a world apart from the ravages of Foot-and-mouth disease. Or is it? In a 1966 negligence case, the Foot-and-mouth virus escaped from a UK research institute and infected neighbouring cattle. The institute was found to owe a duty of care to the affected farmers.

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25 MAY 2015

Managing copyright in the online world

UN Global Compact Launches Business for the Rule of Law, Guide for General Counsel on Corporate Sustainability

The United Nations Global Compact, with support from Baker & McKenzie, LexisNexis Legal & Professional and Linklaters, today launched two new efforts to engage the business community and legal profession in advancing the rule of law, good governance and corporate sustainability.

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29 APRIL 2015

Managing the use of social media in the workplace

The rise of social media platforms creates serious challenges for employers. Inappropriate social media use by employees may cause detriment to the employer's reputation or business interests. This article discusses recent Fair Work Commission (FWC) decisions concerning employees' use of social media, focusing on examples of unacceptable social media conduct.

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20 APRIL 2015

Tell me your location! Geo-tagging on the rise

In 2014, global beer brand Heineken launched its Twitter-based service which helps consumers explore new experiences in their cities. The service aggregates real-time, location-based social activity and uses it to show where proximate hot locations are for "urbanites" to visit.

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30 MARCH 2015

When can government agencies disclose personal information without consultation or consent?

This article deals with the limits of the obligations surrounding consultation and consent when a government agency intends to disclose personal information. The issue commonly arises in the context of FOI applications, where the requested material includes personal information concerning a third party.

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19 February 2015

Three tips for banking lawyers to avoid the stormy cloud

In 1999 the regulation of self-managed super funds (SMSFs) was moved from the Superannuation and Insurance Commission (subsequently Australian Prudential Regulation Authority (APRA)) to the Australian Taxation Office (ATO) and at that time, it was suggested that the ATO got that job because SMSFs were seen to be just tax play vehicles, not serious retirement funding vehicles.

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