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Licensing emerging process technologies: modern approaches to risk allocation
Insight 08 Apr 2024

Licensing emerging technology is a tempting prospect when navigating decarbonisation and sustainability. We outline the risks of applying standard liability positions when licensing nascent technology; and provide some key risk mitigants for prospective licensees. ...

Patentability of computer-implemented inventions remains unclear
Insight 27 Mar 2024

In this Insight, we unpack Justice Burley's reasoning for the approach taken and consider where this latest judgment (Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 3) [2024] FCA 212) leaves us on this topical issue. ...

Why organisations must embed mental health and wellbeing support into cyber incident response planning
Insight 20 Mar 2024

Mental health and wellbeing support for cyber professionals, incident response teams and staff targeted in cyber incidents, is now essential to cyber risk management and incident response planning. ...

Heralding in a new era – PNG's arbitration regime
Insight 14 Mar 2024

The Papua New Guinea National Parliament recently passed legislation that offers a revamped and modern legal framework to entities seeking to resolve their domestic and/or international commercial disputes through arbitration. ...

AICD's guide for directors on governing through a cyber crisis
Insight 13 Mar 2024

The Australian Institute of Company Directors (AICD) published 'Governing through a cyber crisis: cyber incident response and recovery for Australian directors'. We provide our observations, commentary and suggested next steps. ...

Jumping the starter's gun – what banks and clients utilising derivatives can learn from ASIC's new guidance on pre-hedging
Insight 21 Feb 2024

The Australian Securities and Investment Commission (ASIC) has released guidance clarifying its expectations in relation to a bank, or other intermediary, pre-hedging derivative exposures.   ...

Sanctions Regime in Australia
Insight 21 Feb 2024

We outline the key aspects of the Australian Sanctions Regime, the practical issues that corporations may encounter when implementing and managing their sanctions compliance frameworks, as well as some recent case studies to illustrate how the regime can apply. ...

No 'leap of faith' as Federal Court rejects ASIC's policy avoidance case
Insight 20 Feb 2024

Just as the summer holidays began at the end of 2023, Justice Jackman of the Federal Court handed down judgment in ASIC v Zurich Australia Limited. ...

New FIDIC practice note on DAABs
Insight 05 Feb 2024

A new practice note on dispute avoidance and adjudication boards (DAABs) was released by the International Federation of Consulting Engineers (FIDIC) late last year. ...

New year review: contract resets in the infrastructure sector
Insight 30 Jan 2024

A new year often brings with it an opportunity to review, reflect and….reset? The infrastructure sector has been subject to significant and unpredictable pressures in the last five years which has meant that contracts that were once fit for purpose are no longer responding to risks appropriately. ...

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