LexisNexis
Legal Practice Intelligence
Our Blog
2024
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Explore the new 'right to disconnect' legislation effective from 26 August 2024 under the Fair Work Act 2009. This law regulates out-of-hours work communication, promoting a better work-life balance. Learn about its impact on employees and employers, including compliance timelines for small businesses. -
In today's rapidly evolving legal landscape, embracing innovative technology is crucial for staying ahead. Generative AI, with its remarkable capabilities in language processing, offers Australian barristers an unparalleled advantage in managing and executing their daily tasks. -
The 24th of August marked 50 years since royal assent was granted by the Governor-General for federal competition and consumer legislation in Australia, initially through the Trade Practices Act 1974 (TPA) and later through the Competition and Consumer Act 2010 (CCA).
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Is your organisation subject to Australia's Security of Critical Infrastructure Act (SOCI Act) and the obligations it imposes? The recent "CrowdStrike Incident" was a stark reminder of how a seemingly minor glitch can have far-reaching consequences. -
Reducing the amount of unbillable time spent on case law research is a great reason for a barrister or law firm to invest in technology. But investing in AI is only one piece of the puzzle. The key to success is adoption. -
Now that lawyers have had time to experiment with generative artificial intelligence (Gen AI) tools and see the breakthrough capabilities of this technology for themselves, they are settling in to think about some of the specific use cases. -
The rise of Legal AI — Generative Artificial Intelligence (Gen AI) tools trained for the legal profession — creates an interesting tension for an industry that is deeply rooted in the commitment to principles such as deliberation, risk management and ethical boundaries. -
When an individual or corporation breaches a civil penalty provision, the responsible regulator may seek to have the court impose a civil penalty, for the purposes of deterring that person (and others) from future contravening conduct.
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In 1897, when Mark Twain read his own obituary, he was said to have remarked, “reports of my death have been greatly exaggerated.” The billable hour seems to echo Twain’s words with every prediction that new technology will bring about a new business model for law firms. But could Generative Artificial Intelligence (Gen AI) actually be the technology that leads to the demise of the billable hour? -
Powered by Lexis+AI, discover how LexisNexis utilizes Large Language Models to produce 100% Hallucination-Free Linked Legal Citations with authoritative resources. -
Among legal professionals, there are common questions that surround legal AI - “how does it work?”, “How do large language models power legal AI?”, and many questions about data privacy, security and accuracy, copyright, and, of course, hallucination. -
Every day, lawyers have to go through a tonne of information, often doing the same things over and over again - and this is all before we get to the big picture strategising that's involved. This is where AI is shaping up to be a game-changer in the legal industry. -
Australian Federal Treasurer Dr Jim Chalmers MP announced the government’s intention to introduce the “biggest reforms to merger settings in almost 50 years. Read more and see infographic on government's proposed reforms and review process including top takeaways. -
While the hype around generative AI continues, it’s fair to say that people across industries are starting to become more aware of what it can do, and where its limitations lie - and while the technology is undoubtedly transformative, expectations are being tempered as reality sets in. -
On May 6, 2024, significant changes to the Family Law Act 1975 (Cth) take effect. This article explores the changes, relevant to all family law practitioners. -
The Australian Competition and Consumer Commission (ACCC) has announced its annual compliance and enforcement priorities, providing Australian businesses and their legal advisors with a practical roadmap of the industries and types of conduct that will face increased regulatory scrutiny this year. -
This article explores the use of personal health information of individuals, and how it’s relevant to privacy law in Australia. -
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 turning to the online gig economy to find it. Whether it be freelancing on Fivver, running an e-commerce website from their bedroom or making salacious videos for OnlyFans, entrepreneurial employees are finding creative ways to boost their household incomes. -
The recent change to the Fair Work Act 2009 gives employees the right to refuse to monitor, read or respond to contact (or attempted contact) from their employer that is unreasonable. -
This article explores smart devices, and the privacy regulations currently surrounding them. There are shifting expectations of both consumers and regulators, meaning change will be coming to privacy regulations relating to smart devices – staying ahead of this is key. -
Navigating the journey from the current state to a future where legal AI enhances efficiency, ensures a rewarding experience, and provides a solid return on investment -
This article explores the current Australian and European landscape with ai creating deepfakes, and the protections for individuals, and what businesses must be aware of. It also looks at cautionary tales and examples, then looks at what the future of Australian AI privacy law may look like. -
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Generative AI and large language models have the potential to transform the practice of law in many different ways. But if they are to be fully embraced, they must be accurate with reliable data to draw on. -
In an exclusive conversation, we explore the current state and relevance of AI with Jeff Reihl, LexisNexis' Executive VP and CTO. -
This article explores the new Unfair Contract Terms regime, and the move for civil penalties to be brought against individuals and businesses, with the possible penalties being significant.
2023
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Reducing the amount of unbillable time spent on case law research is a great reason for a barrister or law firm to invest in technology. But investing in AI is only one piece of the puzzle. The key to success is adoption.
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Gayann Walkers is a well-respected Victorian Barrister. Tis interview focuses on what it takes to be a Barrister in sports law, and what the future of the field looks like. -
The growth of artificial intelligence technologies in Australia has recently come under the spotlight, as the Albanese Government looks to review existing regulatory and governance mechanisms and establish applicable safeguards that are fit for purpose in the current day and age. -
Artificial Intelligence (AI) is developing fast – but how should it be used? Over the past month, the ethical use and development of AI have been heavily scrutinised as policymakers, intellectuals, and industry leaders debate whether a moratorium should be imposed on AI’s development, or whether AI should be embraced in the name of economic growth. -
Right now, each state has its own provisions for long service leave, both in terms of its implementation and how long service must be prior to leave. NSW has had a high-impact case through Wipro v State of NSW, and this could have long-term implications, and possibly trigger a national reform. -
The FWC is continuing to expand its protections for employees, thereby broadening the responsibilities of employers. Two recent cases of FWC rulings have applied the protections of unfair dismissal for causal employees. -
After the JMC Pty Ltd v Cmr of Taxation high court decision, contracts remain king in determining whether an individual is a contractor or employee. The superannuation guarantees, however, remain unsettled for individual contractors. -
With the increased use of sustainable finance products, there is increased focus on the risks and challenges facing market participants in connection with the implementation of sustainable financing, including the risks associated with 'greenwashing' (or, in the broader social context, 'bluewashing'). -
On 18 September 2023 at Climate Week NYC, the Taskforce on Nature-related Financial Disclosures (TNFD) released its highly anticipated final recommendations for nature-related risk management and disclosure (TNFD recommendations). -
This checklist was produced by the expert legal writers of Practical Guidance Insolvency & Restructuring and sets out key matters to cover when advising a director of a company in financial distress. -
The significant spike in insolvencies in the construction sector in Australia has caused a number of issues for owners of properties under construction. -
We’re constantly reporting on ugly stuff no one else wants to touch but unfortunately, that’s the state of the world for women right now. -
Concussions in sport have taken centre stage of recent media and their long-term effects on brain degradation. However, sub-concussive impacts also play a key role in the long-term degradation of brains, however they aren’t discussed at all, particularly in how to mitigate their effects. -
So, the LexisNexis practical guidance team has published the NFT on ‘How to create an NFT’. As a nerdy CEO I was of course keen to both follow the process of how we create the NFT, including all the internal hoops to navigate, as well as then to bid on the NFT once it was up for Auction. -
The legal industry has seen a gradual but significant transformation for several years. From increasing efficiencies and reducing the amount of unbillable time to becoming more client centric, law firms have slowly yet steadily moved towards adopting newer and more data driven techniques to shape firm growth. -
You can’t scroll through LinkedIn without reading posts about the ‘5 things you need to know about generative AI’. -
Technology has long been part of what it means to practice law, with document automation, practice management systems, and computer-aided legal research part of lawyers’ day-to-day for decades. -
Major reforms have passed that change the way in which organisations must respond to any breach of their customer’s data. The scope of the NSW privacy commissioner’s position has also significantly increased. This article explores this and their effect, and ultimately prescribes methods for protection of organisations into the future. -
Major reforms have passed that change the way in which organisations must respond to any breach of their customer’s data. The scope of the NSW privacy commissioner’s position has also significantly increased. This article explores this and their effect, and ultimately prescribes methods for protection of organisations into the future. -
Major reforms have passed that change the way in which organisations must respond to any breach of their customer’s data. The scope of the NSW privacy commissioner’s position has also significantly increased. This article explores this and their effect, and ultimately prescribes methods for protection of organisations into the future. -
In response to growing consumer and investor concerns about environmental issues, the demand for “green” financial products and services has significantly increased in recent years. However, this trend is also accompanied by the growing risk of unsavoury conduct by some marketers and producers. ASIC is now cracking down on greenwashing in financial products. -
After a long time in hibernation (ie since the Children’s Online Privacy Protection Act (US) (COPPA) was passed in 1998), children’s privacy in relation to online activities and social media has re-emerged as a significant issue. -
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. -
Class actions are now a mainstay of the Australian litigation landscape. As at 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 in each of the State Supreme Courts with their own regimes (including in Western Australia, whose dedicated regime commenced operation on 24 March 2023). -
At the end of 2022, two landmark cases were decided in relation to environmental protections and logging practices in Victorian state forests. Warburton Environment v VicForests (No 5) and Environment East Gippsland Inc v VicForests (No 4)--what foundation were they were built upon, and what are the consequences? -
Flexible work was firmly on the reform agenda of the Labor government. In the raft of reforms brought about by the enactment of the Secure Jobs, Better Pay Act, enacted in December 2022, flexible work is undergoing significant changes. -
A lot has happened since we last wrote about our NFT project. The Easter Bunny has been and gone. The Cash Rate has risen. Sweden won Eurovision. And yes… over a few more real coffees, in virtual meeting rooms, and, with guidance from our advisers at Herbert Smith Freehills, we have mulled over and finalised (break out the champagne) the terms and conditions for our NFT.
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Generative AI for Lawyers: What It Is, How It Works, and Using It for Maximum Impact -
Of all the issues posed by the growth of AI, the data privacy and IP implications are certainly among the most interesting. What data was the AI bot trained on? How is it used? How easily accessible is it by another party? What rights does a creator have if their work is being replicated or adapted without their consent? -
A reference involves the court making an order to appoint a referee (or a panel of referees) to assist the court in determining questions of fact or law in dispute in a proceeding. -
Linda Przhedetsky is an Associate Professor at the University of Technology Sydney’s Human Technology Institute. She’s a policymaker and PhD candidate specialising in the ethical development, regulation and use of artificial intelligence (AI), and her research focuses on the role of automated decision-making tools in competitive essential services markets and the development of effective regulatory solutions that prevent consumer harms, while simultaneously promoting innovation. So to say that she’s an authority on the ethical use of AI is, in many ways, an understatement. -
An easement is a non-exclusive right to use another person’s land, in perpetuity, for a particular purpose. The perpetuity element is one of the key things which differentiates an easement from other forms of land access rights, such as a lease or a licence. -
Following the formal abolition of the Australian Building and Construction Commission and the transfer of its functions to the Fair Work Ombudsman (albeit with a fraction of the budget), some employers are asking legitimate questions about the FWO’s approach to compliance and enforcement. -
Few technologies have generated as much hype across the legal industry as Generative AI. Open AI’s ChatGPT, Google’s Bard, and a host of new solutions being developed on Large Language Models (LLMs) are making waves across the world. -
Presumably, the Spice Girls weren’t referring to M&A activity when they penned the lyrics to their iconic late 90’s hit ‘When two become one’, but there are some similarities that can be drawn between it and merger control in Australia. -
This article discusses what Uber Health is, how it is has been implemented, and what the privacy risks are. It then discusses other cases of data breaches, the penalties Uber Health may face if placed in the same predicament, and what the current changes to legislation are as a result. -
As of June 6th 2023, changes have been made to the Enterprise Bargaining and BOOT sections of the Secure Jobs, Better Pay Act. This article explores these changes and what they mean for organisations and lawyers more broadly. -
High Court rejects Mayfair and Mawhinney special leave applications. What are the 5 Key takeaways and implications for future financial services enforcement? -
How artificial intelligence and machine learning models in organisations impact on privacy requirements for lawyers. The article introduces concepts such as privacy leakage, amending the definition of personal information, and consumer control over their data usage. -
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 identification of candidates to conduct settlement distribution schemes. -
Digital marketplaces have been a key enforcement priority of the ACCC. Understand why, explore the cases and understand how these are applicable to every digital marketplace. -
Approving a company’s financial statements is one of the board’s core irreducible responsibilities. Discharging this responsibility requires a proper corporate governance framework and sufficient financial literacy, among other things. The featured checklist in this article steps through these and other key considerations that the board should take into account when signing-off on accounts. -
Approving a company’s financial statements is one of the board’s core irreducible responsibilities. Discharging this responsibility requires a proper corporate governance framework and sufficient financial literacy, among other things. The featured checklist in this article steps through these and other key considerations that the board should take into account when signing-off on accounts. -
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. -
The use of mediation in sporting disputes is rapidly increasing and broadening in its use case. Understand how and when you can utilise mediation to improve the effectiveness for both sides of the dispute, particularly within a sports law context. -
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. -
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 Artificial Intelligence (AI), which leads us to the questions of what is generative AI? What happens next? And what does this mean for legal professionals? I’ll try my best to answer each of these, with a little help from ChatGPT along the way! -
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?
2022
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3 tips for banking and finance lawyers when responding to an ASIC enquiry, and how to avoid misleading or deceptive conduct. -
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. -
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. -
![Unfair dismissal: A “line in the sand” must not be discretionary (Michael Hudson v Metcash Trading Ltd [2021] FWC 2765)](https://www.lexisnexis.com.au/__data/assets/image/0005/498002/1200x628px-blog-banner_Article-5-D3.jpg "Unfair dismissal: A “line in the sand” must not be discretionary (Michael Hudson v Metcash Trading Ltd [2021] FWC 2765)")
This is a lesson for employers to pay attention to policy drafting to ensure the policy provides a sound basis for dismissal in the event of non-compliance. Otherwise, the Fair Work Commission may find that the dismissal for non-compliance is an unfair dismissal under Pt 3-2 of the Fair Work Act 2009 (Cth). -
Corporate responsibility is playing an increasing role in how the world views your brand or organization, and the impact of these efforts goes far beyond basic public image or social media accolades. -
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. -
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. -
Managing a large and varied leasing portfolio can be challenging for any landlord. -
Climate change will continue to present challenges for council landlords in how they manage their leasing portfolios. -
Three Legal experts from Cooper Grace Ward delve into biometric data privacy, and some key court cases that will play key roles in the commercial use of that data in the future. -
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. -
On 02 May 2019, 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. -
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. -
COVID-19’s impact meant deeds would have to be executed electronically, however, a gap in the law means that many deeds may have failed if submitted electronically. Find out what you can do to ensure your deeds remain binding and enforceable. -
Even in small law firms, your staff members often need to collaborate on a particular matter, working as part of a team. The right practice management solution can help improve the efficiency of the collaboration process within teams at your firm. -
Onboarding new employees can be a difficult and drawn-out process, especially when it comes to the time and effort required for training. It can be particularly hard for small law firms, which lack the resources that the bigger firms can devote to the onboarding process. The right practice management solution can make the onboarding process much easier. -
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. -
Coachella uses new NFT marketplace to release three collections of NFTs. Why, and what was done to ensure regulations were adhered to? -
On 02 May 2019, Council officers from Mid-Western Regional Council (Council), upon finding seven of the Applicant’s alpacas unattended on a public road, impounded (and later sold) those animals, purporting to exercise authority under s 116(3) of the Local Land Services Act 2013 (NSW) (LLS Act). -
Plastics have become a ubiquitous part of our lives. Beginning from the 20th Century, they were marketed as lightweight, cheap and available for countless uses. However, between 1950 and 2015, a total of 6.3 billion tonnes of plastic waste was produced. Only 9% was recycled, 12% incinerated, and the remaining 79% either stored in landfills or released directly into the natural environment. -
What are the top ten trends to look out for in 2022 and 2023 as the business world capitalises on the rapid acceleration of technology? -
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? Fiona Thatcher, Senior Legal Writer for Practical Guidance, unpacks the issues for providers, merchants and consumers. -
John Smith, a junior lawyer with Partners & Partners, Lawyers has begun his day earlier than usual. Snaking through the early morning CBD traffic, he starts to make a mental note of his To Do list – preparing a large class action suit for which he not only needs to wade through thousands of pages of case law, but also voluminous and complex legislation. -
We have all been there: That moment in a meeting when someone announces: “We should get our external lawyers to have a look at this”
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If we were to journey back in time to the birth of the crypto wallet, perhaps we would discover someone employing ‘poetic license’ behind their creation because, despite the name, crypto wallets do not contain crypto (which is kept on the blockchain) and nor are they ‘wallets’ in the traditional sense of the word. -
In-house lawyers used to operate like independent advisors – there to answer any pressing legal questions you might have, or to run a document passed before signing the dotted line. -
To successfully run a small law firm, you need good oversight of what’s going on at your firm on a day-to-day basis. The right practice management solution can assist greatly in improving the oversight you have of your firm’s operations and processes, and enable you to make better-informed decisions. -
If we were to journey back in time to the birth of the crypto wallet, perhaps we would discover someone employing ‘poetic license’ behind their creation because, despite the name, crypto wallets do not contain crypto (which is kept on the blockchain) and nor are they ‘wallets’ in the traditional sense of the word.
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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. -
As global and local economic conditions continue to tighten, the challenge facing newly elected Anthony Albanese who would want to kick off his legislative agenda as soon as possible is growing by the minute. -
Expert tips for delivering value as a General Counsel from Alex Mitchell, Asia Pacific General Counsel at Unisys. Video interview and career advice for in-house lawyers. -
Preparing for disaster or crisis? Free download: crisis management checklist. Natural disasters, industrial accidents, stakeholder activism, cybercrime or the loss of a contract are only some of the events that could precipitate a crisis and cause reputational damage. -
If the wind of change a new Government typically carries failed to create a buzz in Australia’s new Parliament, a diverse crossbench, in both the Lower and Upper Houses, and invigorated public discourse, certainly will. -
Election promises aside, Australia’s newly minted Government plans to introduce climate change legislation as soon as the 47th Parliament convenes this month for the first time. -
You may recall that a couple of weeks ago LexisNexis announced a creative and we think ambitious project – we are going to launch the first ever NFT of one of our Guidance Notes.
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Drafting is essential but can be tedious, time consuming and error prone. How can technology help? -
![Employer liability for Psychosocial hazards caused to an employee: Kozarov v Victoria [2022] HCA 12 (Kozarov)](https://www.lexisnexis.com.au/__data/assets/image/0008/508724/blog-banner-1200x628px_Psychosocial-hazards-looming-large-for-business-Banner.jpg "Employer liability for Psychosocial hazards caused to an employee: Kozarov v Victoria [2022] HCA 12 (Kozarov)")
In Kozarov v Victoria [2022] HCA 12 (Kozarov), the High Court decided an employer had a common law duty to take reasonable steps to manage mental health risks inherent to an employee’s job. -
LexisNexis is giving you a chance to be the very first owner of the first ever Non-fungible token - NFT (that we know of) of “Practical Guidance on NFTs”. Yes, we are going to NFT the guidance note on NFTs!
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ASIC reminds directors, auditors and preparers of FYE 2022 financial reports to focus on key factors affecting asset values, making adequate provisions for changing circumstances, using assumptions and judgments that are documented and disclosed appropriately.
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The NSW Court of Appeal has allowed an appeal from the purchaser of a hotel business affected by COVID-19 public health orders, finding that although the contract was not frustrated, the vendor could not insist on completion and had repudiated the contract by purporting to terminate.
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Lawyers and other professionals must apply their expertise to the hard problems of law, business and society in a saturated information environment on a daily basis. What’s more, the legal, financial and geopolitical landscape in which we work is constantly evolving and becoming increasingly complex. In this context, new technology solutions are indispensable tools for achieving our goals, staying agile, and maintaining competitiveness. -
On 21 April 2022, the Australian Prudential Regulation Authority (APRA) issued risk management guidelines (in the form of a letter) for APRA-regulated entities that engage in crypto asset related activity. The guidelines outline APRA’s risk management expectations and a policy roadmap for regulated entities that engage in crypto activity.
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Managing a large and varied leasing portfolio can be challenging for any landlord, and most landlords are constantly looking for tools to assist them to efficiently manage their leasing portfolios, particularly during a quickly changing regulatory landscape, like we have during and following the COVID-19 pandemic. -
Australia’s Aboriginal and Torres Strait Islander people have been calling for stronger measures to recognise, protect, and maintain all aspects of their culture and heritage. -
There will usually be an increase in applications for access to information under the Government Information (Public Access) Act 2009 (GIPA) in the lead up to any election or after a significant change in government policy. -
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 of notice to be given). -
The contract is in the driving seat, but who is in control, where are we going and, most importantly, how do we get there safely? -
Aurora borealis (the Northern Lights). Stunning landscapes. Outdoor hot-tubs, year-round. All of these, you will find in Iceland. And yet, recently this country has been in the headlines not for these things, but for its work practices? The 4-day work week. -
Formerly a lawyer, Lindsay now manages a team of talented Product Managers with responsibility for driving new products developments as well as the roadmaps for existing products. Having once been a customer of LexisNexis, Lindsay is passionate about driving efficiency improvements for lawyers enabling them to spend more time building their practice and achieving the best results for their clients. We took the opportunity to ask Lindsay a few questions about LexisNexis new service, Lexis Web Service APIs and how it helps firms achieve efficiencies. -
No doubt, too many times you’ve been told that your business is about to be disrupted. That innovation, or a particular technology, will change the way the law works and how legal firms make money. That the sky is falling and your days are numbered – the Amazon of legal is just round the corner! Or even worse, they are already here!
2021
2020
08 DECEMBER 2020
In Conversation with Felicity Gerry QC
Professor Felicity Gerry, QC has dedicated much of her life to advocating for vulnerable individuals in both Australian and international courts amidst sensitive topics such as genocide, terrorism and modern slavery.
27 NOVEMBER 2020
Victoria’s new workplace manslaughter laws: it’s all in the messaging
On 1 July 2020, Victoria became the fourth Australian jurisdiction to introduce workplace manslaughter laws. The laws are a fulfilment of an Andrews Labor Government election commitment and follow a sustained union campaign.
24 NOVEMBER 2020
Freedom of expression vs the employer's right to regulate employee behaviour: why the Folau case wasn't about religion
In the age of social media, we all have access to multiple platforms to express our views and be involved in an array of forums and debates at any time of day. With these platforms comes responsibility, and a greater ability to cause harm, both to those around us, and to the reputation of our employers.
19 NOVEMBER 2020
WorkPac v Rossato – the death of the ‘long-term casual’
Recently, the issue of what constitutes casual employment has become increasingly litigated. The decision of the Full Court of the Federal Court in WorkPac Pty Ltd v Skene (Skene) in 2018 sparked significant media attention because it challenged the then prevailing view as to what constitutes casual employment.
19 NOVEMBER 2020
Not enough to say no: what the changes in modern awards mean for discussing and refusing flexible work requests.
In November 2018, the Full Bench of the Fair Work Commission handed down a decision that expands on an employer’s obligations when considering an employee’s request for “family friendly” working arrangements. The decision inserted a model term into all modern awards (Flexible Work Decision).
18 NOVEMBER 2020
Calculating time — distinguishing between “at least x days before” and “x days before” an event
Clauses imposing time limits on the performance of contractual obligations are fertile ground for disputes and non-compliance is often raised by parties seeking to terminate contracts. Common phrases such as “at least x days after” or “x days before” are used to describe time periods. Often the differences in meaning are subtle and depend in each case on a construction of the whole of the contract terms in the context of “rules of thumb” that have been applied over time.
18 NOVEMBER 2020
Australian Property Law Bulletin highlights
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 form part of. The developer is also required to attach a number of prescribed documents, including a draft plan prepared by a registered surveyor, any proposed schedule of finishes and draft strata by-laws.
16 NOVEMBER 2020
Remedying Wage Theft: The Evolution of the Fair Work Ombudsman’s Enforcement Approach
The last few years have seen extended public outcry over what appears to be systemic wage theft in Australia. In response to the ongoing underpayment of wages, the Fair Work Ombudsman has beefed up its enforcement priorities, with - among other things - Company Directors now significantly liable and a range of civil and criminal remedies at its disposal.
11 NOVEMBER 2020
Joint Select Committee on Australia’s Family Law System
This report itself is 300 pages, and with its seven appendices, extends to over 400. Without making a single recommendation, it makes a substantial contribution to the family law literature.
The Joint Select Committee on Australia's Family Law System, chaired by Hon Kevin Andrews MP, was appointed in September 2019.
09 NOVEMBER 2020
Wage theft: what risks lie ahead for businesses?
Underpayment has continued to be a very serious legal and reputational issue for business during this crisis year of changing rules and employment schemes. The Fair Work Ombudsman (FWO) has stated its intention to continue to focus on underpayments, so businesses should be auditing regularly to avoid litigation and to ensure that they have appropriate governance and systems in place.
04 NOVEMBER 2020
Advising directors of companies in financial distress
With a flood of company insolvencies expected in 2021, lawyers will increasingly be asked to provide advice to directors of companies facing difficult decisions about the future of their businesses. We provide a checklist to assist with advising directors of companies in financial distress.
04 NOVEMBER 2020
Insolvency law reform - how the new debt restructuring process will work and its pros and cons
The most significant reforms to Australia’s insolvency laws in 30 years are due to commence on 1 January 2021 subject to the passing of legislation.
It is important for practitioners to get across key components of the draft legislation released by Treasury to help clients prepare for the changes that are fast approaching, particularly given demand for legal services in insolvency and restructuring is set to rise in 2021.
28 SEPTEMBER 2020
Social services plea for pandemic relief in October budget measures
As JobKeeper payment rates fall from 28 September, and mutual obligations return for JobSeeker recipients, social services organisations will be looking to the 6 October Budget for signs that the Government might avoid harsh austerity measures to cut its way clear of the COVID crisis.
28 SEPTEMBER 2020
Australian family property law: ‘Just and equitable’ outcomes?
As the COVID-19 healthcare crisis continues to impact family relationships already brimming with high levels of financial stress, the number of couples applying for divorce in Australia is tipped to rise over the next 12 months.
25 SEPTEMBER 2020
Thorne v Kennedy: High Court of Australia confirms the laws of contract and equity underpin pre-nuptial and post-nuptial financial agreements.
In a recent Australian Bar Review article, Lance Rundle of Central Queensland University explores the context in which equitable intervention, namely duress, undue influence and unconscionable conduct, were considered and applied by the High Court of Australia in the decision of Thorne v Kennedy. Furthermore, he analyses the impact of the decision for legal practitioners and parties when negotiating, drafting and signing a family law financial agreement.
21 SEPTEMBER 2020
The Law of Bankruptcy Notices and Creditors’ Petitions
Gaining an understanding of the law of bankruptcy has become a necessity during 2020. COVID 19 has dealt many sectors and individuals unexpected risk and concerns related to bankruptcy, insolvency and creditors petitions. Decoding and anticipating the consequences of COVID related legislation and policy is a critical skill. We took the opportunity to ask Nicholas Simpson of 13th Floor St James Hall, author of the new text The Law of Bankruptcy and Creditors’ Petitions some key questions.
21 SEPTEMBER 2020
Skilful Lawyering – Success in the profession
The process of developing critical thinking is one highly regarded skill of every law student. Another less discussed but equally important skill is the ability to interpret statutes. This skill is at the core of being a lawyer as it provides a foundation in problem solving and text interpretation as it relates to the significant body of legal writing, that is, legislation. This skill is critical when a case may involve a statute. In such a scenario the application of one’s understanding of the legislation helps a lawyer to win or lose a case.
17 SEPTEMBER 2020
A Revolution in Dispute Resolution: The impact of COVID-19 on civil litigation in Australia
The COVID-19 pandemic has transformed the administration of justice in Australian courts and tribunals, necessitating a comprehensive overhaul of the protocols, procedures and norms of etiquette on which the courts and the legal profession have relied for decades. These changes have been sudden and challenging, but the profession and the judiciary have adapted quickly and have seized on opportunities to enhance access to justice and improve efficiency. It is relatively clear that the conduct of litigation in Australia may never be the same.
17 SEPTEMBER 2020
A post-COVID economy vision: how will the budget measure up?
With less than a month until Treasurer Josh Frydenberg hands down the Federal Budget, industry bodies have released a flurry of economic reform proposals hoping to help the Government steer Australia towards a quicker post-pandemic recovery. Business advocates such as the Business Council of Australia (BCA), the Australian Industry Group (Ai Group) and Australian Chamber of Commerce and Industry (ACCI) have led the pack, recommending greater business investment, extensions to the coronavirus supplement packages, and earlier personal income tax cuts.
17 AUGUST 2020
Forensic Evidence Miscarriage of Justice Infographic
40 years ago baby Azaria Chamberlain died in tragic circumstances, sparking a controversial miscarriage of justice for Lindy Chamberlain and her husband Michael. Unfortunately, there are many Australian cases where forensic science has played a substantial role in convicting the innocent.
Six cases of significance are highlighted in this infographic.
07 AUGUST 2020
Dealing with the impact of widespread disease on the workplace
Various issues arise for businesses when there are risks of widespread disease affecting the workplace, such as in a pandemic. The overarching requirement for a business is to meet its work health and safety duties, which requires it to ensure the health and safety of workers and other persons in the workplace.
06 AUGUST 2020
COVID-19 challenges and responses
A university librarians’ perspective
The pandemic sweeping across the world is a global crisis that has shut down cities, closed borders and has created once-in-a-lifetime challenges and changes for many.
Here we talk to Kay Tucker, Law Library Manager at Monash University about the unique challenges faced by Australian University libraries.
27 JULY 2020
Alerting subscribers from all walks of life
For 30 years, Capital Monitor™ has alerted subscribers from all walks of life to parliamentary, political, legislative, regulatory and judicial news and information as it happens. When the concept for this service was born in the late 1980’s, and launched as a business in January 1990, photocopiers and faxes were considered new technology.
27 JULY 2020
Impact of COVID-19 Superannuation savings under threat from early access plans
Australia’s superannuation system is one of the best in the world, designed to address aging demographics and reduce overall reliance on the age pension. Yet under successive Coalition Governments, it has suffered several shocks, each one weakening it, or delaying its growth. The COVID-19 pandemic has further increased its vulnerability, with current government policies seriously threatening to chip away at superannuation balances and retirement incomes.
24 JULY 2020
New-found workplace flexibility, or economic disaster
After years of relative stability, Coalition Government moves against trade unions, and a recent High Court of Australia decision related to casual workers, have brought conflict and uncertainty to the industrial relations landscape. An economic crunch and spiralling unemployment on the back of COVID-19 have heightened concerns among employers and employees alike.
22 JULY 2020
National Cabinet plays with a newfound unity, but will it last
Prime Minister Scott Morrison and Acting Chief Medical Officer Paul Kelly emerged from the latest National Cabinet meeting on Friday the 10th of July 2020 to announce the latest in what the nation’s leaders had agreed to. It was the first time National Cabinet convened since the new spike of Covid-19 cases in Victoria, and while the Prime Minister described the outbreak as “concerning”, he also said that Victoria had been given all the support it needed from the Commonwealth and other states and territories to fight this crisis. Part of this support would be in the form of extra clinical staff, national coordination, and 265 Australian Defence Force personnel.
16 JULY 2020
Black Lives Matter: the legalities and politics of Australia’s racial vilification and defamation laws
This blog covers the three of the four main points of The influence of defamation law on the interpretation of Australia’s racial vilification laws (2020, 26 TLJ 34, LexisNexis), by Bill Swannie of Victoria University.
How do you balance public interest in fair comment over ridicule and satire and how does this help us in interpreting our racial vilification laws? What is actionable as defamation and what are the relevant laws in a society that considers free speech a sacred principle?
02 JUNE 2020
Why do we need innovation in law?
There are some degrees of cynicism when another law firm issues another press release regarding the next step on their innovation pathway. The latest foray into “Blockchain”, “Artificial Intelligence”, “Design Thinking” and “Smart Contracts” are touted as game changers placing their firm at the forefront of the re-invention of the profession.
01 JUNE 2020
Thinking outside the box: Protecting registered software trade marks in Australia
Practitioners working in brand protection and trade mark law are very familiar with applications to remove trade mark registrations on the basis of a lack of intention to use or lack of use.
08 APRIL 2020
Beyond COVID-19: The unresolved epidemic of wage theft and underpayments
Employers are currently focused on crisis-management workplace issues, due to the COVID-19 pandemic. Once this crisis has abated, attention will again be focused on the yet unresolved wage theft epidemic. The article sets out key issues that employers need to consider regarding underpayments.
23 MARCH 2020
Much Obliged: When could a lawyer mediator be liable for breaching their obligations?
Mediation is an increasingly popular form of dispute resolution in Australia especially in last few decades. While mediators may possess a variety of skills and may come from a range backgrounds, lawyers and barristers are frequently engaged in mediations either in their capacity as legal representatives of the parties, or as mediators.
28 JANUARY 2020
Lessons from the IOOF Case
A recent decision of the Federal Court in Australian Prudential Regulation Authority v Kelaher [2019] FCA 1521 provides some guidance to regulators, trustees of superannuation funds and their advisers on issues related to administering superannuation funds and conducting litigation, explains Noel Davis, Barrister and author of The Law of Superannuation in Australia.
2019
28 NOVEMBER 2019
Cyber attacks: risks and remedies for the modern firm
When many people think of cybersecurity, they think of two-step authentication, multiple passwords and firewalls - but it’s much broader than that. While these systemic defences are absolutely necessary for any business, data breaches are inevitable.
21 NOVEMBER 2019
Protecting Your Data [Infographic]
With so much at stake, it's imperative you know the value of your data and how to protect it.
23 OCTOBER 2019
5 Ways To Combat Cybersecurity Fatigue
Cybersecurity is a growing concern for businesses of all sizes. Hacks and data breaches are becoming more common and more complex. While no business is expected to be invincible against cyber attack, they are expected to be fully prepared and to take all practicable steps to prevent breaches from happening.
The Office of the Australian Information Commissioner reported a total of 245 data breaches affecting personal information between July and September 2018. It also reported that human error was a contributor in 37% of these cases—making people one of the most significant risk factors to any business’s digital security.
23 OCTOBER 2019
Keeping the Knowledge: Understanding the Value of your Data and how to Protect it.
Data is now the most valuable commodity in the world. Still, few businesses outside the tech sphere have fully come to terms with the value of the data they hold - and the legal industry is no different.
Knowledge Managers undertake a number of data-intensive activities - managing large numbers of documents, precedents and firms’ proprietary data, intranets and other sources of digital information crucial to smooth business function. Different data types have different obligations attached to them, and this means it is important for Knowledge Managers to understand the value of their data and how best to protect it.
23 OCTOBER 2019
Work-life balance in a hyperconnected world
Feeling torn between work and all of the other things in life is a common conundrum. For the last two decades, the topic of work-life balance has been a popular one.
A good work-life balance “means you have harmony between different aspects of your life, where benefits gained from each area can support and strengthen the others.”
23 OCTOBER 2019
The flexible workplace: what you need to know about new ways of working
Rapid advancements in tech and broader societal changes are driving a workplace revolution. Gone are the days of a job for life and the 9 to 5 grind. Instead, we’re craving flexibility and reinvention and we’re working in ways we could have only imagined 10 or 20 years ago.
Here, we take a closer look at this new era and what it means for both employers and employees.
02 OCTOBER 2019
High Court shuts down ‘Chorley exception’ cost claims for barristers
In a major decision delivered on 4 September 2019, Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29, the High Court has ended the right of lawyers to claim costs when they are self-represented litigants, saying the special rule was "an anomaly and an affront to the fundamental value of equality of all persons before the law".
16 SEPTEMBER 2019
Criminal Law and Forensic Evidence
Forensic Science in Criminal Trials: Is It a Double-Edged Sword?
Forensic evidence has long been used as a weapon in criminal trials. From fingerprints to handwriting and DNA, scientific analysis is a powerful force, used to exonerate the innocent and convict the guilty. It is also now used to hunt down killers, whose crimes were committed in the decades before science developed DNA profiling, and crack cold cases.
21 August 2019
Caveats and PEXA: a cautionary tale
A caveat may be useful when your client has an interest in land that can’t be protected by the registration of another type of dealing. However, it’s important to lodge a caveat only in respect of a caveatable interest, since lodging a caveat that doesn’t protect a caveatable interest may give rise to a claim for compensation by a person who suffers loss as a result.
The recent NSW Supreme Court case of Guirgis v JEA Developments Pty Ltd reminds us it’s a good time to review what we know about caveats, caveatable interests and lodging caveats – and what we should know.
25 june 2019
Lawyers and ‘Likes’: why it’s time to err on the side of caution
We all have opinions, but just how free are we to express these online? Digitisation and the rise of social media means anyone’s opinions, statements, actions, and comments can now disseminate widely, quickly and uncontrollably.
27 MAY 2019
Co-mediation of thorny multiparty disputes: the advantages and practicalities
Mediation as a process is widely praised by judges and lawmakers for being able to resolve even the thorniest of disputes, often to the surprise of the parties involved.
06 MAY 2019
ALRC Family Law Report: A quick guide for practitioners
With 60 recommendations made over 574 pages, the Australian Law Reform Commission (ALRC) report, Family Law for the Future: An Inquiry into the Family Law System is a long read. The much-anticipated report was tabled in Parliament on 10 April 2019.
To help you find the parts of the report that will matter most to you as a family lawyer or barrister, we spoke to Professor Richard Chisholm AM, former Judge of the Family Court of Australia and author of the LexisNexis loose-leaf service Australian Family Law.
27 MARCH 2019
The Hidden Cost of Free Legal Research
Artificial Intelligence is proving revolutionary for the legal industry. The ability for algorithms to quickly and automatically analyse large data sets is changing processes and opening new opportunities for innovation.
26 NOVEMBER 2018
The Ethics of AI in the Legal Industry
Artificial Intelligence is proving revolutionary for the legal industry. The ability for algorithms to quickly and automatically analyse large data sets is changing processes and opening new opportunities for innovation.
13 NOVEMBER 2018
Don’t cry over spilt … liquid, unless it’s a casual act of negligence
The term “casual act of negligence” is often used to describe the alleged liability that flows after a slip and fall even after a cleaner inspects an area. Recent Court of Appeal decisions have provided some guidance on how the court examines such allegations, providing occupiers and cleaners of commercial premises with some certainty when dealing with similar cases.
07 NOVEMBER 2018
Draft Home Affairs Bill vastly overreaches its stated purposes and is susceptible to abuse
The amendments proposed to the Telecommunications Act 1997 (Cth) by the exposure draft of the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (Cth) (Draft Bill) are extremely vague. There can be no objection to its stated justifications, but the Draft Bill clearly vastly overreaches these objectives with the powers it grants and its ability, if enacted, to be abused by federal and state agencies.
30 OCTOBER 2018
Cryptocurrency and blockchain: thoughts for the future
What does the future hold for cryptocurrencies and blockchain? A world with possibilities.
10 OCTOBER 2018
The burning issue of regulatory action in Victoria and New South Wales for aluminium composite cladding
The involvement of aluminium composite panel cladding in fires in multistorey residential buildings in Australia and internationally has rippled a shockwave of concern amongst property owners, building industry participants, insurers and regulators. This article will look at some of the recent legislative reforms proposed surrounding the use of ACP.
02 OCTOBER 2018
Mobilising your identity: digital driver licensing and the national identity hub
NSW is implementing a digital driver licence and identity card regime, with licence holders being able to download a digital version of the de facto national identity card onto their mobile phone for use in interactions with state and private sector bodies. This article outlines the new regime, highlights privacy aspects and forecasts emulation across other Australian jurisdictions.
25 SEPTEMBER 2018
But what if Google guesses wrong? Action for allegedly defamatory auto-complete results allowed to proceed
Search engines have, without question, made access to information much easier. It is now possible to find an answer to almost any question instantly. What happens though, if those functions return results that are claimed to be untrue and potentially defamatory?
20 July 2018
GDPR and Australia: How is it affecting owners and employees?
The General Data Protection Regulation (GDPR) has been the major talking point across European Union (EU) businesses for the past year. But having come into effect on 25 May 2018, its reach extends far beyond the EU’s boundaries. In fact, the regulation has the ability to impact any business throughout the world that even has a tentative association with the EU.
What is the GDPR’s relevance to Australian businesses, and how can it affect not only owners, but their employees as well?
20 July 2018
5 technologies driving disruption in legal
Not since the days of King Hammurabi has the legal industry faced the magnitude of change it is facing today. Hammurabi was the first to actually codify and inscribe Babylonian law into stone, around 1760 BC. So the start of the legal industry – and a solicitor’s favourite term: “Written in stone” – can be traced back millennia.
19 April 2018
Lawyer vs AI: A legal revolution
If futurists and experts are to be believed, the impact of artificial intelligence (AI) on humankind will be as significant as the Industrial Revolution.
16 March 2018
2018 Tech Compliance "Hot List"
Dudley Kneller, Partner at Madgwicks Lawyers, is a technology lawyer with a speciality in cyber risk and strategic sourcing. Read his 2018 Tech Compliance “Hot List” for a view on what Australian businesses need to address and should look to maximise.
16 March 2018
Mandatory Data Breach Notification - Tips and Traps
Do you expect to advise corporate clients in the face of changing legislation this year? Are you already advising on other cyber risk matters?
17 JANUARY 2018
Changes to NSW Compulsory Third Party scheme
We’ve updated our looseleaf publication following changes to the scheme
14 december 2017
Planning for the future—law firms and new technology
Some key industry figures took us through the uptake of new service technologies for law firms, the opportunities and challenges it presents and predict exciting times ahead.
14 december 2017
AI in law firms—a game changer in legal practice?
While the most forward thinking law firms are ready to embrace artificial intelligence (AI), robots are not taking over the legal world any time soon. That said, its utilisation is undoubtedly proving valuable for law firms who are investing in it.
14 december 2017
The mindset of the legal profession
How is the legal profession embracing modern technology and the automation of services? We spoke to key industry figures about being early adopters and pioneers of new technologies in the legal world.
14 december 2017
The legal profession for millennials
Technology is changing the legal profession, and the next generation of lawyers will practise law in very different ways. We find out how young lawyers can best position themselves.
14 december 2017
What happens when the robots get it wrong?
As new technologies and automation start playing an ever more important role in the legal world, what are the risks in relation to negligence? We delve into the issues of liability.
14 december 2017
Regulating the new world
Regulation of new technology is always a question of chickens and of eggs and the legal profession is no exception to the rule – so what does the industry need?
14 december 2017
Developing Technology In-house
There’s no doubt that adoption of tech is intrinsic to success in the industry of the future. But what are the benefits and risks of investing into building your own technology?
14 december 2017
What impact could technology have on the law firm-client relationship?
The advantages of tech for legal professionals are numerous – but are there factors to consider from the client’s perspective? We look at how technology impacts the relationship between lawyers and clients.
04 october 2017
The 2017 Legal Data Jam
A day where too much legal problem solving was barely enough.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
14 MAY 2016
Establishing a corporate governance framework (infographic)
Seek to ensure that your company adopts the spirit of the corporate governance framework.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.