1-10 of 664 results
Evolving litigation landscape: recent ESG disputes trends
In this Insight, we spotlight emerging trends, reflect on potential implications for future ESG-related disputes and provide practical guidance on both managing stakeholder expectations and mitigating the risk of litigation. ...
First tranche of privacy reforms bring progress but no long-term clarity
Yesterday, the Australian Government introduced into Parliament the first tranche of reforms to the Privacy Act 1988 (Cth) under the Privacy and Other Legislation Amendment Bill 2024 (the Bill ). T ...
Tesseract v Pascale - Proportionate liability in arbitration
The High Court's recently handed-down judgment in Tesseract International Pty Ltd v Pascale Construction Pty Ltd has significant implications for parties subject to existing arbitration agreements and considering it as a mode of dispute resolution in future contracts. ...
Preparing for voluntary standards and mandatory legislation: a deep dive into Australia's evolving AI regulatory landscape
Over the past few weeks, the Australian Government has published a series of standards, proposals and policies which foreshadow the principles likely to be adopted in mandatory AI legislation once introduced. ...
High Court affirms utility of disclaimers in limiting producers' duty of care
In a recent decision with ramifications for producers' and manufacturers' class action risk, the High Court has found that a sorghum seed producer, Advanta Seeds, was not liable to growers for economic loss resulting from their purchase of contaminated seed bags. ...
Optus class action privilege claims rejected
The Full Federal Court has refused Optus' appeal from a Federal Court decision rejecting its legal privilege claim over a factual investigation report commissioned in response to a data breach, on the basis that Optus had not established that the report was prepared for the dominant purpose of legal ...
Takeaways from recent guidance on cyber incident disclosure obligations for listed companies
In this Insight, we examine the guidance note and related developments and offer our view as to when disclosure (for the purposes of the ASX listing rule requirements) of cyber incidents should generally only occur. ...
High Court holds that 'fair winds' permit recovery of expenditure wasted in constructing iconic aircraft hangar
In this Insight, we examine the differences between the various judges' reasoning and lay out what the implications are in practice. ...
Guide to AI Procurement
As generative artificial intelligence moves from pilot to production, organisations are grappling with the push to rapidly procure AI tools while appropriately managing the risks. ...
Licensing emerging process technologies: modern approaches to risk allocation
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. ...