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AI litigation to hit Australian shores before regulation, IP lawyers say
Analysis 2023-06-20 11:46 pm By Sam Matthews

The growing use of generative AI tools such as ChatGPT could shake up the landscape of intellectual property laws in Australia, and novel questions posed by the technology are likely to be answered in the courts before regulators step in, lawyers say.

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Nine’s win in Ben Roberts-Smith defamation case no watershed for publishers
Analysis 2023-06-01 11:17 pm By Christine Caulfield

With truth on its side, Nine’s defeat of soldier Ben Roberts-Smith’s lawsuit was a huge win for investigative journalism in Australia, but while it might make lawyers blink before bringing defamation cases, the victory is not a game-changer, experts say.

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Having their cake and ATEing it too? Class action funders face scrutiny for defraying risk
Analysis 2023-05-23 11:12 pm By Christine Caulfield

As the spotlight on class action costs grows, litigation funders can expect increased judicial scrutiny of their attempts to pass on the cost of after-the-event insurance premiums to class action members.

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PwC tax leak scandal puts spotlight on firms’ uneasy commitment to compliance
Analysis 2023-05-17 11:26 pm By Sam Matthews

The tax leaks scandal engulfing PwC has shone a spotlight on the culture of large professional services firms, where ensuring compliance with good governance is akin to “herding cats”, experts say.

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Are the courts really plagued by duplicative class actions?
Analysis 2023-05-15 12:39 pm By Christine Caulfield

A fed-up judge has vented his frustration with the problem of competing class actions in a move that appears to punish the second filed case against Medibank. But is he right that the courts are increasingly being asked to deal with duplicative proceedings? And was his order really all that drastic?

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‘Not fit for purpose’: Court’s remarks on serious harm test show flaws in defamation law
Analysis 2023-05-12 4:14 pm By Cindy Cameronne

A recent decision by the Federal Court that questioned whether the introduction of a serious harm test in defamation law could infringe the Judiciary Act has shone a light on the need for a federal defamation framework, legal experts say. 

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‘Well behind where they ought to be’: Recent data breaches a wake up call for law firms
Analysis 2023-05-08 11:46 pm By Sam Matthews

With legal practices shaping up as a ripe target for cyberattacks, experts say many firms have a long way to go in implementing best practice cybersecurity to avoid potentially “catastrophic” outcomes.

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Katy Perry loss shows fame no ticket to ride ‘roughshod’ over trade mark owners
Analysis 2023-05-01 12:36 pm By Christine Caulfield

An infringement ruling against US singer Katy Perry in a case brought by an Australian fashion designer is a “win for the little guy”, experts say, showing that fame doesn’t give celebrities a blank cheque to exploit their brand at the expense of someone’s else’s registered trade mark.

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Anti-money laundering regime a ‘blunt instrument’ to apply to lawyers
Analysis 2023-04-24 2:42 pm By Cindy Cameronne

Reforms that would make lawyers subject to the anti-money laundering and counter terrorism financing regime have received mixed reviews from legal professionals, with one expert saying the regime was a “blunt instrument” and could put lawyers in an ill-suited policing role. 

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‘Potentially difficult’: Lawyers weigh in on novel insolvency ruling
Analysis 2023-04-19 1:29 pm By Sam Matthews

Senior restructuring and insolvency lawyers have welcomed a novel ruling that found a liquidator was entitled to claim his costs ahead of the preferred claims of company employees, but questions remain about the “potentially difficult” interaction between two conflicting priority regimes.

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