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08 May 2017

Navigating the 457 changes – what you need to know

On the 18 April 2018, Prime Minister Turnbull and Minister for Immigration and Border Protection Peter Dutton announced a series of reforms to the Temporary Work (subclass 457) and the permanent employer sponsored visa programs, including the introduction of a new, more restrictive Temporary Skill Shortage visa in March 2018, designed to ‘put Australians first’.

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20 Apr 2017

Why a commitment to social justice and human rights is good for business

Since the Global Financial Crisis (GFC) there has been considerable debate about the role of corporations in society.

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29 Mar 2017

Centenary of Ilmar Tammelo

February 2017 marks the centenary of the birth in 1917 of one of the best loved teachers at the Sydney Law School in the 1960s and 70s, Doctor Ilmar Tammelo.

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17 Mar 2017

Age is of no importance unless you are a cheese

Former federal treasurer Peter Costello famously asked Australians to have one child for mum, one for dad and one for the country, and while his remarks were made during a surge in the birth rate a decade ago, it appears the optimism of that era hasn’t translated into a population boom.

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01 Mar 2017

Fund Equal Justice: Challenges Facing Community Legal Centres

Access to justice for the most vulnerable and disadvantaged members of our community is under threat.

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20 Feb 2017

LexisNexis commemorates World Day of Social Justice 2017 with a world-first, complimentary social justice module

Today marks the 8th World Day of Social Justice, an awareness day initiated by the United Nations to focus attention on social justice issues. Each year focuses on a specific injustice, with previous years addressing issues like human trafficking, forced labour or rights at work. 2017 shines the spotlight on fair trade, working conditions, and putting an end to human exploitation.

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16 Feb 2017

Disciplining employees’ out-of-hours behaviour: a blurred line

This article is an extract from a longer article that appeared in Internet Law Bulletin.

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30 Jan 2017

The Use of Social Media by Australian Courts

Abstract. This article explores how Australian courts are using social media to disclose information about decisions as well as to advise about court appointments, media reports and administrative matters. It examines how the social media channels are being used and any issues or risks associated with that use.

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25 Jan 2017

Businesses’ responsibilities to respect human rights

Human rights are something often thought to be the responsibility of national governments. Over the past few years, however, there is a growing awareness of the impact on and participation in human rights abuses by businesses.

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16 Dec 2016

Rule of Law Impact Tracker

LexisNexis® invites you to explore the LexisNexis Rule of Law Impact Tracker, freely available online. The Rule of Law Impact Tracker is an interactive tool that quantifies the relationships between the rule of law and economic and social indicators.

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14 Dec 2016

The Story of Wellgyi and Its Maker

I first heard of the plight of farmers in Myanmar on August 6th, 2013. It was the day I met Daw Aung San Suu Kyi, Nobel Laureate and now the State Counsellor of Myanmar.

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12 Dec 2016

Speaking for the Marine Living Resources in the South China Sea: Balancing the attention between dispute settlement and sustainable fisheries and environmental management

It is not peculiar to the South China Sea (SCS) that commercial incentives to catch as many fish as possible encourage over-exploitation of fish stocks and threaten the integrity of the marine ecosystem.

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09 Dec 2016

The Rule of Law, Access to Legal Assistance and Community Legal Centres

Every year hundreds of thousands of vulnerable and disadvantaged people in Australia visit community legal centres and other legal assistance services to seek free legal help for a variety of legal problems.

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07 Dec 2016

Building the Pacific Peace to strengthen the rule of law

The disputes in the South China Sea provide the Asia-Pacific with an opportunity to pursue institutional renewal aimed at strengthening the rule of law. A major issue now facing the region is the standing of the Permanent Court of Arbitration (PCA) and the legitimacy of related NATO-based legal institutions as arbitrators of disputes in the Asia-Pacific.

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05 Dec 2016

The role of businesses in strengthening the rule of law and promoting access to justice in cases of domestic violence in Vanuatu

Forty four per cent of women in Vanuatu experienced domestic violence in the past twelve months, 22,901 in total, and in only two per cent of cases did police lay charges.

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02 Dec 2016

Bringing Corporate Regulation in Myanmar into the Twentieth Century

The Myanmar corporate sector is growing at a rapid pace. At the start of the country’s economic and political reforms in 2011, there were almost 20,000 registered companies in Myanmar. Today, just five years later, there are almost 55,000 companies registered in Myanmar. This is set to grow as Myanmar turns a new chapter in its history. In April 2016, for the first time in over fifty years, a democratically elected government took office, led by the country’s democracy icon Daw Aung Sun Suu Kyi.

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01 Dec 2016

Rule of law perspectives from Asia-Pacific: Advancing Together

As businesses seek to create and grow in new markets around the world, strong rule of law brings with it several beneficial economic imperatives. Corporate citizens have a very important role to play and, as a global business, LexisNexis® prides itself on its contribution to advancing the rule of law.

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24 Nov 2016

Governance: Can you have too much of a good thing?

In July 2016, Governance Institute of Australia partnered with LexisNexis to conduct a survey of Institute members to capture their views on how governance is perceived in their organisations.

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01 Nov 2016

How soon do you need to communicate after a crisis?

I was working with an executive team on a crisis scenario, when one of the leaders asked a question about crisis communication: “How soon do we need to communicate? Five minutes, 10 minutes, 1 hour, 1 day?” He was looking for a precise number to evaluate a few past incidents that were top-of-mind for everyone in the room.

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24 Oct 2016

Spoiler Alert: Copyright Law and Online Spoiler Culture

The dramatic cliff-hanger that capped off the sixth season of AMC’s The Walking Dead has viewers of the highest rating show on US television clamouring to find out what happens next.1 After a user of the popular web forum The Spoiling Dead Fans promised that they knew the answer, AMC issued a cease and desist letter threatening an action for copyright infringement.

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12 Oct 2016

Smart Law: 2016 LexisNexis Roadshow Report

Technology has been a disrupting force in many industries for years now. To date, the practice of law has been relatively slow to embrace these changes, due to entrenched workplace cultures dictating how things are done and an inherent tendency for the profession to be risk averse. Despite this resistance, technology-driven change has arrived.

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09 Aug 2016

A historic breakthrough to develop the rule of law in Australian criminal appeals

In our modern democratic societies, one imagines that the legal system itself will be both the personification and the embodiment of the ‘rule of law’. It was Lord Bingham, one of Britain’s most senior judges, who pointed to the observation by Alan Greenspan (former chairman of the Federal Reserve Bank of the United States) that the single most important contributor to economic growth was the rule of law.

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04 Aug 2016

How jam can reinvent the future of law

The Legal Service Design Jam generated inspiration and innovation in Sydney on 27 July 2016 as part of the Janders Dean legal transformation conference.

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04 Aug 2016

Report 1 Process blog article

In the legal industry, there is a critical gap between the client’s idea of great service and the lawyer’s idea of great service. Deep customer understanding takes many years of engagement to achieve and even then, happens only rarely.

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04 Aug 2016

Report 2 People blog article

The group came together to discuss the key issues in relation to ‘people’ in the legal industry and put oars in the hands of industry leaders. The Legal Service Jam participants were a diverse collection of lawyers, non-legal roles and management from large, mid and in-house organisations.

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04 Aug 2016

Report 3 Technology blog article

In July 2016, the first Legal Service Design Jam in Australia was held in conjunction with the Janders Dean Legal Horizons Conference at Pier One on the remarkable Sydney Harbour.

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02 Aug 2016

Advancing the work of pro bono practitioners in Hong Kong

One of the most promising global developments in the field of law in recent years has been the growth of pro bono practice. Provision of legal services to those who cannot afford a lawyer helps expand access to justice and supports the humanitarian missions of communities that find themselves outside the umbrella of the protection of the rule of law.

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02 Aug 2016

Interview with the Honourable Michael Kirby

Read our exclusive interview with the emiment Australian jurist and academic, Justice Michael Kirby AC, CMG on the state of privacy reform in Australia

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26 July 2016

Crime rates fall, but Australia’s imprisonment rates are soaring

You may have thought that a country with the dark history of being founded as a penal colony, and whose convict heritage is now a badge of honour for many Australians, would have a more compassionate perspective on crime and punishment.

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19 July 2016

Does strong rule of law prevent the onset of civil armed conflict?

Working in fragile and post-conflict environments, I have been surprised to hear the term “rule of law” used so commonly. In my prior work as a lawyer in Australia, the term had seemed somewhat confined and definable as a means of ensuring that no person was above the law. In the humanitarian environment however, it seemed that the term “rule of law” was used as a catch-ll solution to a society’s problems.

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12 July 2016

Philippine Group of Law Librarians working for the rule of law and for law libraries

The Philippine Group of Law Librarians, Inc. (PGLL) was established in 1981 with the primary purpose of working for the interest of law librarians, law libraries and maintaining the highest standards for law librarianship.

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28 June 2016

Improving the rule of law in the Asia-Pacific; an essential element for a better climate

In December 2015, 195 countries came together at the annual UN climate change conference and agreed to the Paris Agreement, a new international treaty which sets out the framework by which countries will take action to avoid climate change.

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21 June 2016

Fiji set to launch consolidated laws

The revised Laws of Fiji were announced at the April sitting of Parliament in the nation’s capital of Suva – thanks to the help of LexisNexis Rule of Law program.

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19 June 2016

Importance of rule of law for sustainable development: Advancing Together

We publish Advancing Together biannually to bring together views and insights from thought leaders on current affairs and developments that impact the advancement, and sometimes the erosion, of the rule of law in the Asia Pacific region.

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17 June 2016

How I learned to stop building faster horse carriages and love disruption {Whitepaper}

Innovation is no longer on the list solely for start-ups but has become a strategic goal for senior leadership of small, medium and large sized organisations. However, professional service organisations, and in particular those in the legal industry, are struggling to match other industries in their stride.

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25 May 2016

Proposed changes to Australia’s Intellectual Property arrangements

If Australia’s so called ‘ideas boom’ is to truly take off, we will need intellectual property laws that foster innovation and creativity. Whether strengthening or weakening intellectual property rights is the way to achieve this is a contentious issue that has been brought to the forefront over the past month.

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20 May 2016

Looking at the Future of Legal Services

Recently, a prominent thought leader on the direction and future of legal services visited Australia. This sparked a wave of social media comments on whether a ‘lawyer’ of the future may be something other than human, and whether some key legal tasks in the domain of the legal profession may be done by artificial intelligence or the like. What prompted this discussion was a series of seminars by Professor Richard Susskind on the ‘Future of Legal Services’. I attended the focus session attended by in house corporate lawyers across Australia.

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14 May 2016

Establishing a corporate governance framework (infographic)

Seek to ensure that your company adopts the spirit of the corporate governance framework.

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5 May 2016

Does the Annual General Meeting (AGM) need to become an eAGM?

The annual general meeting (AGM) has long been the forum where shareholders and directors have the opportunity to interact. It is a two-way communication forum which facilitates the exchange of information, the examination of profit and performance-related issues and enables shareholders to ask questions of the board about company performance and stewardship.

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1 May 2016

The Independent Directors' Dilemma

There was a time in the not too distant past when it was generally accepted that directors of corporate boards constituted a closed network. As a consequence, the role of directors and their accountabilities seemed shrouded in mystery – a mystery that few people outside of the directors’ circle were interested in solving.

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14 Apr 2016

Privacy and Social Media

Organisations in Australia and overseas are recognising the benefits of using social media platforms such as Facebook, Pinterest, and Twitter to promote their goods and services, and to effectively engage more with their customers and strategic partners.

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15 Dec 2015

Book review – Miscarriages of Justice: Criminal Appeals and the Rule of Law in Australia

In his foreword to this thought-provoking book, the Honourable Michael Kirby AC CMG wrote: "Practical individuals with conscience can sometimes help to change the world. Occasionally, they are lawyers."

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14 Dec 2015

Advancing the rule of law in the Maldives

"Two of the most important sources of law in any country are legislation and case law. If ambiguity or vagueness exists in either of these, then a state of general legal uncertainty prevails. Similarly, the larger a body of statute and case law becomes, the greater the potential for legal uncertainty should these laws be out-of-date, inaccessible and unconsolidated. In such circumstances, access to and knowledge of the law is effectively denied. An inevitable consequence of this is the impediment of the administration of justice."

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11 Dec 2015

Navigating weak rule of law in South-east Asia

South-east Asia is a region of immense diversity, and difficult to manage effectively without a nuanced, market-specific, strategy. The opportunities are significant. And so are the challenges. South-east Asia is home to some of the fastest growing middle-class economies, while frontier markets such as Myanmar present numerous opportunities as the country looks to open its doors to global trade for the first time following decades of military rule. Whether investing in, or operating a business in the region, weak rule of law, erratic regulation and poor governance present significant risks. The uncertainty is compounded by weak institutions, pervasive corruption and significant contractual risks.

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10 Dec 2015

Mass wedding project delivers access to employment and government services

Today, millions of Indonesians lack legal or national identity papers such as marriage or even birth certificates. In the poorest of households up to 55 per cent of couples do not have a formal marriage certificate, while an estimated 47 per cent, or almost 40 million children, either do not have a birth certificate, or the parents claim that they have but cannot produce it (Baseline Study on Legal Identity: Indonesia’s Missing Millions, 2014). Data from the Ministry of Home Affairs suggests that the figure for those lacking a birth certificate is as high as 76 per cent or more than 50 million individuals from the population in total.

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08 Dec 2015

The rule of law recaptured – dispossession and disadvantage in Indigenous communities

The rule of law in many Indigenous communities is in a state of neglect and disrepair. This state of affairs is a result of 200 years of dispossession. If the rule of law is something to be aspired to, and it is, then its restoration in Indigenous communities can only be achieved by an authentic attempt to return country and the traditional law that is inseparably connected to it. The rule of law and Native Title are therefore inseparably intertwined. To this end Native Title Representative Bodies (NTRBs), for example Native Title Services Victoria, for whom I interned this winter, are not only bodies dedicated to the restitution of dispossessed Indigenous land, but are in fact champions of the rule of law. Their role in promoting the rule of law in Australia is poorly understood and unappreciated. This article seeks to remedy this anonymity.

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08 Dec 2015

Targeted recruitment and “special measures” in discrimination law: creating employment opportunities for Aboriginal and Torres Strait Islander people

Usually when there is public discussion of Australia’s international human rights obligations, it is assumed that it falls to government to ensure that people in Australia enjoy their human rights. However, businesses have a key role to play in achieving practical human rights outcomes.

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07 Dec 2015

Eliminating violence against women is everyone's business, including the business community

In Australia alone, a woman is subjected to domestic or family violence every four minutes,(1) and a woman is killed as result of that violence every week.(2) Of women over the age of 15, one in three has experienced intimate partner violence, one in five has experienced sexual violence, and one in four has experienced emotional abuse.(3) A silent, widely underreported crime, these numbers likely only tell part of the whole story.

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04 Dec 2015

All of our business: why the rule of law is fundamental to human rights

Many Australian businesses now recognise that respect for human rights is not only the right thing to do, it is also beneficial for business. With enhanced innovation and productivity linked to the respect and promotion of human rights, businesses are increasingly taking proactive steps to support human rights: revamping their bullying, harassment and discrimination policies, ensuring there are robust internal grievance processes in place, openly reporting on their ways of working and reviewing their supply chains, and integrating human rights policies into their workplaces. However, there is growing recognition that business has a role to play not only in promoting human rights at an organizational level, but also at a higher institutional level. Respecting the significance of law, and particularly the rule of law, as a mechanism for promoting and enforcing rights is inextricably linked to the way companies engage in business.

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02 Dec 2015

Advancing Together: Business and Rule of Law edition

The rule of law is an investment in the future: it has a strong impact on economic growth, sustainable development, human rights, and access to justice. In an ideal world, no one should be above the law, but in reality 57 per cent of the global population is struggling for human rights. This is four billion people, who are not under the shelter of the law. The aim of LexisNexis is to reduce these numbers by providing outstanding legal solutions and technology services to customers in legal, corporate, government, accounting, tax, and academic institutions. We want to ensure that the administration of justice is maintained, and we want to enable legal professionals to make better decisions and achieve better results. The rule of law is the unifying central premise behind the work of LexisNexis with its clients and communities.

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23 Nov 2015

Law Graduates Churned Out At Risk of Extortion while Indifferent Profession Yawns

According to a mainstream newspaper, an entrepreneurial South Australian law firm has developed what they believe to be a market worthy business model under which law graduates would be charged $22,000 for the privilege of working for the firm as articled clerks. The inventiveness of the law firm does not end there. Not only would articled clerks pay for their employment but in order to receive any remuneration at all, they would have to bring fee-earning clients into the firm and hopefully earn commission on fees paid by said clients. In summary, the firm would in essence compete with accredited practical legal training providers, such as the Leo Cussen Institute and The College of Law, while at the same time gaining free labour and new clients too.

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28 Oct 2015

Download Innovation Inertia: 2015 LexisNexis Roadshow Report

We explore how the Australian legal landscape is responding to disruptive trends in client expectations, emerging technology and organisational culture through strategic innovation.

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29 Sep 2015

Revenge porn makes new law

Australian courts and Australian parliaments appear equally reluctant to create a generalized tort of invasion of privacy in Australia. This is despite the increasing use of social media, including Facebook, which has created new ways for an individual's privacy to be invaded.

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27 Sep 2015

Exploit domain names at your own risk: interlocutory relief may be available

Protection of domain names is of utmost importance to companies that rely heavily on their online presence to develop their brand and obtain revenue. One such company is Thomas International Limited (TIL), a global provider of psychological and competency testing operating substantially online, with a centralised hub in the UK accessible to TIL's distributors and customers.

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05 Sep 2015

The latest superannuation insurance changes

There have been a number of changes to the way in which insurance can be held within a self-managed superannuation fund (SMSF). Broadly, these changes limit the types of policy that can be held by SMSF trustees, but there is also a broadening of the rules relating to terminal medical conditions.

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30 Aug 2015

Film directors' copyright -- fair remuneration for all

In a world where most of us rightfully expect that creators are rewarded with intellectual property rights in their unique creations, whether they be books, music, film or games, it is hard to believe that some in the chain of creativity get the short end of the stick. Yet this is exactly the situation for Australian directors; in contrast to their European counterparts they have no genuine claim to copyright in the films that they create.

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30 Aug 2015

Online testimonials, product reviews, endorsements -- managing the risk of false and misleading claims

Word of mouth is one of the best ways to sell a product or service. Many consumers rely on reviews for information about goods and services to assist in purchasing. A glowing testimonial or endorsement can have a strong influence on a consumer's decision to purchase a product or service. In the online environment, testimonials, reviews or endorsements may appear on a business' own website, in social media or on a review platform.

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28 Aug 2015

Apps for children -- advertising space in sheep's clothing?

In corollary to the growth in children's access to the internet and touchscreen tablet computers and smartphones, demand for the development of child-friendly application software, commonly known as "Apps", has surged. According to leading market research company Nielsen in their 2014 Australian Online Landscape Review, three out of five Australian households with primary school age children own a tablet computer and have an internet connected television in the home.

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25 Aug 2015

Net neutrality and Netflix

Very shortly after the US Federal Communications Commission's (FCC) decision early this year to pass new net neutrality regulation in the US, it emerged that one of the most prominent supporters of net neutrality, Netflix, was signing up to agreements in Australia that arguably violate the principle of net neutrality.

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17 Aug 2015

Big data, metadata and personal data -- how does the Privacy Act regulate metadata?

Following amendments to the Privacy Act 1998 (Cth) in 2014 to strengthen privacy protection and give the Privacy Commissioner power to impose significant penalties for interferences with privacy, the federal government introduced and passed the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Cth).

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02 Aug 2015

Will streaming services end piracy?

In April, an article on news.com.au noted that Australians were pirating HBO's Game of Thrones more than any other country in the world on a per capita basis. However, this is not a moniker of which Australians should be proud. Digital piracy is tantamount to stealing and does real damage to Australia's content creation industries. A study in 2011 revealed that movie piracy cost the Australian economy more than $1.3 billion in revenue in just 12 months.

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23 Jul 2015

Gifting as an estate planning technique

The fast growing trend of "gifting" as an estate planning strategy can be a win-win for clients and beneficiaries, but it's fraught with pitfalls for the unwary and is something not to be taken lightly.

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20 Jul 2015

Damages for breach of confidence in a social media context

Mr Ferguson posted explicit videos and images of his former partner Ms Wilson on his Facebook page. During their relationship, the couple had shared explicit images with each other via text message. Mr Ferguson also used Ms Wilson's phone, without her consent, and emailed himself a number of explicit videos. Upon realising this, Ms Wilson requested and Mr Ferguson agreed not to share the explicit videos or photos. Ms Wilson also testified that she had told Mr Ferguson not to share any of the images or videos with anyone.

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15 Jul 2015

So tell me, what exactly is the ATO's role in SMSFs?

In 1999 the regulation of self-managed super funds (SMSFs) was moved from the Superannuation and Insurance Commission (subsequently Australian Prudential Regulation Authority (APRA)) to the Australian Taxation Office (ATO) and at that time, it was suggested that the ATO got that job because SMSFs were seen to be just tax play vehicles, not serious retirement funding vehicles.

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05 Jul 2015

Critical prerequisites of legal search technology for banking and finance lawyers

While the advent of information brokers has seen the legal sector sourcing company, director and securities information from a single platform (rather than from a variety of authorities directly), practitioners and support staff still find themselves devoting a significant amount of time to conducting and compiling individual searches and analysing this data.

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02 Jul 2015

Dispute resolution clauses: approach with care

It is common for contracts to contain dispute resolution clauses. It is just as common for these clauses to be given little consideration during the drafting phase -- with potentially costly consequences.

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29 Jun 2015

Airbnb and Uber: the need for social sharing sites to gain trust through privacy compliance

The privacy of our personal information has, in many respects, become a commodity to be traded for goods and services: if you receive goods or services for free, it is likely that it is you (or your personal information) that is the product. But, as social sharing companies like Airbnb and Uber have discovered, as individuals become more privacy-aware, they are increasingly reluctant to hand-over personal information, unless they trust that their personal information will be protected and properly handled. A strong privacy compliance program and corporate culture of valuing privacy go a long way to gaining and maintaining user trust.

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27 Jun 2015

Product liability insurance implications of 3D printing

The emergence of 3D printing has been described as paving the way for a third industrial revolution. The technology enables small businesses and even individual consumers to make products that previously could only be built by large manufacturers. We consider some of the implications of this new technology for insurers, particularly in the realm of product liability.

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16 Jun 2015

Supporting the rule of law in Myanmar

I was first introduced to Myanmar by our customers. Sometime in early 2013, I started receiving queries from lawyers and businesses in Japan, Singapore, Korea, Hong Kong and Malaysia about the country. Some were about to start doing business there, some were already there and plans were underway for significant investment into the country. They wanted to know if LexisNexis was there supporting the rule of law, and whether we were able to help them gain clarity of the myriad of rules, regulations, policies (or lack of them) to help as they navigate their way around doing business in Myanmar.

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16 Jun 2015

Rule of law, Papua New Guinea and the marketplace model

The first thing I learnt in Tok Pisin - the language of PNG - was the widespread term wantok; loosely translated to one talk or someone who speaks my language. It conveys a sense of loyalty, family, community and togetherness. Yet the underlying reality of this saying also feeds the corruption which plagues layers of Papua New Guinean culture. Favouring one’s wantok over others in addition to an inherent tribal loyalty inevitably leads to a nepotistic society.

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10 Jun 2015

Promoting respect and support for the rule of law

At the LexisNexis® Rule of Law Now event held in New York in September 2013, UN Secretary-General Ban Ki-moon announced the Business for the Rule of Law (B4ROL) initiative, to engage the business community in efforts to support the rule of law. In March this year, Joanne Beckett, General Manager of LexisNexis Legal & Professional Australia, together with the UN Global Compact Network Australia, hosted Australia’s B4ROL Workshop. The Workshop was just one of several held around the world in a joint effort by the United Nations Global Compact and LexisNexis, to serve as a critical resource in developing a global B4ROL Framework (Framework).

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05 Jun 2015

Magna Carta and the rule of law

All educated persons, especially (but not only) those in places with an English heritage, think they know what the Magna Carta is and why it is important to our lives – but it is always helpful to stop and think about objects that have passed into legend and that over time have acquired significance and value that the originators could never have foreseen. A common view is that King John made an agreement with the barons in 1215, that the document became “law”, it created rights, it has been construed and applied ever since and it is the source of most that is good in public administration — including democracy, the separation of powers, the rule of law, the independence of the judiciary, trial by jury and equality before the law. That is only partly true. The real story is much more interesting (although perhaps not as satisfying), but there is space here to tell only some of it.

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01 Jun 2015

LexisNexis celebrating 800 years of Liberty – Advancing Together: Magna Carta edition

In March 2015, LexisNexis held a Pacific Consultation Workshop in Sydney with the critical purpose of ensuring that our region is included in a global framework. It will ultimately take the form of a guide for all businesses on how they can support the rule of law.

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30 May 2015

Assessing cyber security risks and the role of cyber insurance

Most people associate "cyber breaches" with criminal hacking, political "hacktivism" or sovereign state espionage. These types of cyber breach events are newsworthy, seem to happen overseas more often than not and attract broad media attention. They seem quite removed from the world of the average client's business in Australia.

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29 May 2015

What Foot-and-mouth can teach us about cybersecurity

The threat of a digital computer virus is a world apart from the ravages of Foot-and-mouth disease. Or is it? In a 1966 negligence case, the Foot-and-mouth virus escaped from a UK research institute and infected neighbouring cattle. The institute was found to owe a duty of care to the affected farmers.

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25 May 2015

Managing copyright in the online world

The digitisation of content and its availability online is making it easier than ever to copy, screenshot, share, reproduce and modify copyright works and subject matter. The ability to search for and access such a wide range of content so quickly and easily had led to misconceptions about what can and cannot be done with such content -- many people think that simply because it is publicly available, there is a licence for them to do with it what they want.

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29 Apr 2015

Managing the use of social media in the workplace

The rise of social media platforms creates serious challenges for employers. Inappropriate social media use by employees may cause detriment to the employer's reputation or business interests. This article discusses recent Fair Work Commission (FWC) decisions concerning employees' use of social media, focusing on examples of unacceptable social media conduct. This article provides practical tips for employers on how to manage social media issues in the workplace, including implementing and enforcing a social media policy.

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20 Apr 2015

Tell me your location! Geo-tagging on the rise

In 2014, global beer brand Heineken launched its Twitter-based service which helps consumers explore new experiences in their cities. The service aggregates real-time, location-based social activity and uses it to show where proximate hot locations are for "urbanites" to visit. To use the service, a user posts a geo-tagged tweet to @wherenext to receive recommendations for trending restaurants, events or clubs in their area. The recommendations are generated by a unique algorithm.

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30 Mar 2015

When can government agencies disclose personal information without consultation or consent?

This article deals with the limits of the obligations surrounding consultation and consent when a government agency intends to disclose personal information. The issue commonly arises in the context of FOI applications, where the requested material includes personal information concerning a third party.

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19 Feb 2015

Three tips for banking lawyers to avoid the stormy cloud

In 1999 the regulation of self-managed super funds (SMSFs) was moved from the Superannuation and Insurance Commission (subsequently Australian Prudential Regulation Authority (APRA)) to the Australian Taxation Office (ATO) and at that time, it was suggested that the ATO got that job because SMSFs were seen to be just tax play vehicles, not serious retirement funding vehicles.

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03 Dec 2014

Whistleblowing and the Rule of Law

Two controversial incidents of public disclosure of restricted information in recent years - the WikiLeaks release of confidential US State Department cables in 2010, and the leaking of classified National Security Agency documents by former NSA analyst Edward Snowden in 2013 – have forced various governments to grapple with a critical question: how, if at all, do acts of whistleblowing that break certain laws fit in a society that adheres to the rule of law? Addressing this question also seems to be the implicit goal of the Public Interest Disclosure Act 2013 (henceforth referred to as the PID Act), which came to effect in Australia on January 15, 2014. According to a PID Act information sheet, (available online at http://www.ombudsman.gov.au/docs/fact-sheets/Ombudsman_PID_Fact_SheetA.pdf), the primary aim of the Act is to provide all whistleblowing actions legally-sanctioned framework that not only encourages such acts in order to ensure consistent integrity and accountability in the public sector, but also provides legal protection to whistleblowers. In a way, the PID Act exemplifies governmental processes that strive to accommodate whistleblowing in a rule of law based socio-political structure.

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01 Dec 2014

LexisNexis Rule of Law, Advancing Together 2014

The rule of law is a fundamental driver for advanced societies, providing certainty and access to justice for individuals and corporations. Legal content and technology organisations interact on many levels to support the rule of law (local and global, online and print, free and commercial), connecting various stakeholders with authoritative content and rich data via a range of platforms and channels suited to the individual’s or organisation’s needs.

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27 Nov 2014

Giving a Voice to Human Rights

Cambodia is one of the most corrupt countries in the world. More than 60 per cent of people reported having to pay bribes to the judiciary, police, registry services, and land services over the past year. Kristy Fleming, Chief Executive Officer and Founder of Voice - a charity, committed to giving a voice to marginalised and disempowered people - says that despite the Declaration of Human Rights (enshrined in Cambodia’s Constitution) affording everyone the right to food, clothing, housing, medical care and necessary social services, the reality for the almost 20 per cent of people in Cambodia that live below the poverty line is significantly different.

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21 Nov 2014

Jokowi’s Example Lights Up Southeast Asia, Will He Beat the Odds?

Indonesia, the world’s fourth most populous nation, has undergone a profound democratic transformation since the fall of the Soeharto regime in 1998. Yet, the nation still faces significant challenges in advancing the rule of law. The newly-inaugurated President Joko Widodo (known as Jokowi) brings a reputation of consultative political reformer to the post, but he would have to contend with the power of entrenched vested interests if he was to enact change at the national level.

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16 Nov 2014

Supporting Voice: LexisNexis Cares Committee and LexisNexis Rule of Law Program

LexisNexis employees across the Pacific had the opportunity to enter 500 words or less explaining what they have done to help advance the rule of law for a chance to win a trip to Phnom Penh, Cambodia, to visit the two crisis centres run by Voice. The lucky winners were Laura McKnight and Caron Wadick, both from the Sydney office, Australia. Laura’s application was successful due to the work she did leading the fundraising activities LexisNexis Cares Committee (LN Cares) ran in 2013, raising AUD$25,000 for Voice. Caron’s winning application was selected on the back of the pro-bono legal aid work she carries out in communities in need within Sydney.

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14 Nov 2014

Crunch Time for Action on North Korea

Following years of adverse reports, and recent unsatisfactory experience during the Universal Periodic Review, the UN Human Rights Council in Geneva in May 2013, established a Commission of Inquiry (COI) on alleged human rights abuses in the Democratic People’s Republic of Korea (DPRK) (North Korea). The Hon. Michael Kirby AC CMG was appointed Chair of the COI. Other members were Marzuki Darusman (Indonesia), and Sonja Biserko (Serbia). The COI was created without a call for a vote. It reported within time, unanimously, and in a document made vivid and readable by its inclusion of extracts from testimony of victims collected during public hearings.

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