Mandatory merger rules are now set
The final ground rules for Australia’s mandatory, suspensory merger notification regime are now set following the Australian Government’s registration of the Competition and Consumer (Notification of Acquisitions) Amendment (2025 Measures No. 1) Determination 2025 (the Amendment Determination). The Amendment Determination provides welcome, but incomplete, relief to acquisitions of interests in land and other targeted exemptions. It also […]
ReadmorePublic works can be a real nuisance: Liability risks for public infrastructure
In an important judgment for public authorities procuring major infrastructure works, the High Court has held that, absent unambiguous language, statutory authority is not a blanket immunity to private nuisance claims arising from the conduct of the works. Rather, statutory authority only excuses nuisance if the interference with a person’s ordinary enjoyment of their land […]
ReadmoreAustralia launches AI Safety Institute and releases National AI Plan
The Labor government has recently announced the launch of the Australian AI Safety Institute (AISI), a national watchdog dedicated to ensuring the safe and responsible development of AI in Australia. The government will begin rolling out the AISI in early 2026. The AISI has been developed to oversee the deployment and regulation of AI technology […]
ReadmoreContracting for AI calls for a nuanced approach
Taking lead from the immortal words of Wet Wet Wet’s Marti Pellow, it is not ‘love’ but AI that is currently ‘all around us’ …it’s everywhere [we] go…’! Since the hyped introduction of gen AI in 2023, to the wave of experimentation that gripped 2024, experts are calling FY25/26 the year of acceleration of enterprise […]
ReadmoreFinder: ASIC to continue to pursue cases to clarify crypto regulation as the Federal Court finds that a crypto-asset is not a debenture
On 24 July 2025, the Full Federal Court dismissed ASIC’s appeal against Finder Wallet Pty Ltd (Finder Wallet) and ordered it to pay costs.[1] The Court held that the primary judge made no error in concluding that the ‘Finder Earn’ product did not amount to a ‘debenture’ within the meaning of s 9 of the […]
ReadmoreDeveloping or procuring AI? Here’s what you need to know
AI tools are bringing paradigm-shifting opportunities that will transform the way we work and interact. In a recent McKinsey survey, 78% of respondents indicated that their organisation uses at least some AI tools – an increase from only 50% prior to the generative AI boom of late 2022, spurred on by the public release of […]
ReadmoreA matter of trust: High Court rejects trust creditor claims against third party recipients of trust property
In a 4:3 split decision, the High Court of Australia clarified that a successor trustee does not owe a fiduciary duty to a former trustee in respect of the former trustee’s entitlement to indemnification from trust assets.[1] The High Court judgment confirms that former trustees (and their trust creditors) have no independent recourse against a […]
ReadmoreCEG Direct Securities v Runtong: Full Federal Court overturns decision in a victory for secured creditors
The Full Federal Court has confirmed the validity of the longstanding practice deployed by credit providers of seeking cross-security from a borrower’s related entities (particularly in the context of the financing of commercial projects by that corporate group). In rejecting the liquidator’s characterisation of such a transaction as constituting an unreasonable director-related transaction, the Full […]
ReadmoreHCF Life’s ‘pre-existing condition’ clause in life insurance contracts declared misleading but not an ‘unfair contract term’ by Federal Court
Following proceedings commenced by the Australian Securities and Investments Commission (ASIC), the Federal Court declared on 28 October 2024 that a term used by HCF Life Insurance Company Pty Ltd (HCF Life) in consumer contracts was misleading, but not an unfair contract term. The HCF Life case follows a number of other high profile cases […]
ReadmoreNew Australian mandatory merger control legislation introduced – Further clarity on the path ahead
In the biggest ever reform of Australia’s merger control laws (see our earlier Insights here and here), the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (Bill) was introduced in the House of Representatives on 10 October and will now work its way through the Parliamentary process with an expectation of the Bill becoming law by […]
ReadmoreConsumer Express | October 2024 Edition
In our tenth edition of Consumer Express we consider the hot topics facing our consumer clients, including the right to disconnect and what it really means, the first tranche of the new privacy reforms and how to prepare for what’s coming, helpful tips on structuring trade promotions, as well as AI washing. Our regulators have […]
ReadmoreGovernment publishes Consultation on the Mandatory Guardrails for AI in high-risk settings
In a busy period for Government on technology and data law reforms, in conjunction with its ongoing reviews of AI technology and systems, and complementing the Voluntary AI Safety Standard unveiled by Minister Ed Husic, the Federal Government recently released its ‘Proposals Paper for introducing mandatory guardrails for AI in high-risk settings’ (Paper) as an […]
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