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In a landmark recent decision, the Federal Court has confirmed that getting credits wrong or trying to contract your way out of giving them carries serious legal and commercial consequences, says Clayton Utz head of digital and intellectual property Timothy Webb and lawyer Chelsea Manansala.
Decisions made during a regulatory investigation can have significant consequences for the trajectory of any future class action, and a coordinated, holistic approach can narrow the scope of potential downstream exposure, say Corrs Chambers partners Chris Pagent and Abigail Gill and special counsel James Emmerig.
The use of generative AI in litigation is on the rise in Australia, according to a new report, and one expert says he hopes that increasing awareness of the risks of using generative AI means lawyers will be smart about its use in the future.
In this 33rd year of class actions, three significant milestones have been achieved by Australia's class action regimes, writes expert Professor Vince Morabito.
With the passage of the Respect@Work and Secure Jobs, Better Pay Bills before Christmas this year, the Federal Government will have done more to make workplaces fairer and safer for women than years of platitudes from their predecessors, says Maurice Blackburn's Mackenzie Wakefield and Patrick Turner.
The ACCC has secured its first enforcement outcome related solely to the concerted practices provisions of the competition law, in a case that shows the watchdog is willing to take action to prevent what it sees as anti-competitive practices that include sharing sensitive price information, write Gilbert + Tobin's Jeremy Jose, Sarah Lynch and Katie Latham.
The public and political response to the Optus incident, including the federal government's announcement of urgent privacy law reform, suggests there may now be an appetite to test obstacles to data breach class actions, or for the government to legislate around them, say Allens lawyers Kate Austin, Valeska Bloch, Isabelle Guyot and Andrew Burns.
A full bench of the Fair Work Commission has reversed a decision that would have allowed employees who were lawfully demoted to challenge their demotions as unfair dismissals, in a significant finding that means employers will not be exposed to claims if they properly exercise their rights, writes McCullough Robertson's Amber Sharp, Kerry O'Brien and Nathan Roberts.
The competition regulator has proposed to deny authorisation for a patent settlement that sought to permit early entry of generic drugs. Whether the companies involved will be able to quell the ACCC's concerns remains to be seen, but what is clear is that future authorisation applications will contend with significant forensic challenges, writes Corrs Chambers Westgarth's Odette Gourley, Richard Flitcroft, David Fixler and Ian Reynolds.
Despite the Morrison government's decision to shelve its latest proposed class action reforms before the election, there are plainly competing perspectives between those in government that seek to politicise the class action regime and industry experts -- including judges -- about the appropriate management of class actions, writes Slater & Gordon's Claire Pirie.