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Automation, artificial intelligence and legal issues

Automation, artificial intelligence and legal issues By Newyorka Musabelliu and Chris Chang – January 2020 It is not surprising that the law cannot keep up with the growth in artificial intelligence.  Patent applications have already been filed on behalf of and in the name of a machine called Dabus that…

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When are agreed damages clauses in contracts unenforceable penalty clauses rather than enforceable liquidated damages clauses?

When negotiating a contract the parties commonly think about what should happen in the event that the other party breaches a term of the contract. They may also wish to stipulate what should happen upon the occurrence of a certain event (which may not technically constitute a “breach” of the…

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Damages for republication of defamatory statement by third party

This case serves as a reminder of how liability for defamatory statements can extend to the republication of the statement by third parties, even where the republication has not been expressly authorised (but impliedly authorised).  In summary, an original publisher will be liable for the repetition of his or her…

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Franchisors and holding companies beware: Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017

The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Bill) was introduced by the House of Representatives on 1 March 2017.  A report of the Senate Education and Employment Legislation Committee is presently due by 9 May 2017.  It is anticipated that the Bill (in its current form or otherwise…

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