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Australian Human Rights Commission proposes mandatory human rights approach for artificial intelligence
Insight 31 Jan 2020

The Australian Human Rights Commission (AHRC) has published a discussion paper on proposals to legislate for a human rights approach to artificial intelligence (AI) systems. If adopted by the Australi ...

Connected infrastructure
Insight 30 Jan 2020

Both the Sydney population and the population of Melbourne are expected to reach the size of New York City by 2050, raising questions about how our cities of the future will function. ...

NSW looks to hold builders and designers liable to current – and future – property owners for defective works
Insight 12 Dec 2019

Legislation focusing on imposing new obligations on design consultants and builders was recently introduced to the NSW Parliament. Importantly, the Design and Building Practitioners Bill creates a statutory duty of care owed by builders, and others, for economic loss for defects in construction serv ...

ASIC Report 639: Why not…review and remediate?
Insight 13 Dec 2019

ASIC Report 639 Financial advice by superannuation funds was published on 3 December. It examines the ways in which superannuation funds provide financial advice to members and the overall quality of personal financial advice obtained through funds. ...

When performance is personal – the hazards of subcontracting without consent
Insight 16 Dec 2019

A recent NSW Court of Appeal decision emphasises the importance of contractors complying with contractual requirements to obtain the principal's approval before subcontracting services or works. Failure to do so may disentitle the contractor from claiming payment for services that the unauthorised subcontractors have provided. However, the case leaves open whether it may be possible for a contractor to recover the cost of unauthorised subcontracted services in restitution based on a quantum meruit claim, or on the basis of an unenforceable penalty. ...

Draft South East Queensland Koala Conservation Strategy 2019-2024
Insight 10 Dec 2019

The Draft South East Queensland Koala Conservation Strategy 2019-2024 has been released for public consultation. The Strategy is supported by new koala habitat mapping. The Strategy and mapping have serious implications for landowners in koala habitat areas within a Koala Priority Area, who will be prevented from clearing their land except in very limited circumstances. We discuss these implications below and suggest that, at a minimum, landowners should review the mapping to ascertain whether their land is within a Koala Priority Area. ...

Computer-implemented business methods and manner of manufacture…where do we stand?
Insight 17 Dec 2019

In Technological Resources Pty Ltd v Tettman [2019] FCA 1889, the Federal Court decisively reversed yet another Australian Patent Office (the APO) decision to reject a patent application on the basis that it was not a 'manner of manufacture'. ...

What’s in a name? Famous faces and their famous trade marks
Insight 18 Dec 2019

For a celebrity, your name is your business. It is no surprise then that celebrities will go to great lengths to protect their brand. This is clear from a recent flurry of A-list trade mark activity including by the likes of Kim Kardashian West, Kylie Jenner and Beyoncé. ...

Linklaters Insights: year in review 2019 and year to come 2020
Insight 17 Dec 2019

Now in its 9th year, Linklaters' popular series brings together analysis, thinking and highlights from its lawyers around the world in the form of topic-specific and jurisdictional guides. These guides summarise a selection of the major developments you should be aware of from 2019, and those you should expect in 2020. They aim to give you a comprehensive overview, with links to more information where applicable. ...

Productivity Commission focuses on red tape, and resources sector growth
Insight 13 Dec 2019

The Productivity Commission is examining resources sector regulation, with a focus on identifying opportunities to simplify approval processes without compromising environmental standards or community expectations. ...

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