Preparing for Australia’s 2026 privacy transparency rules on automated decision makingFeb 10, 2026·6 min read
Facial recognition and the Privacy Act: a clearer (but stricter) line for businessesA recent decision of the Administrative Review Tribunal has clarified when Australia’s Privacy Act 1988 (Cth) applies to facial recognition technology (FRT) used by private organisations on their premises. The decision provides a workable pathway for...Feb 10, 2026·5 min read
Warranty vs representation, what’s the difference and why it mattersWhen this issue usually comes up This question often arises in technology procurement and other high-value commercial deals. During due diligence and negotiations, a supplier may make statements about a product's capabilities, whether it meets your r...Feb 10, 2026·4 min read
How to properly evaluate generative AI technology for productive use by lawyersThe legal industry is currently flooded with GenAI pilot programs, but many of them, like the recent trials conducted by Ashurst, suffer from a critical flaw: they prioritise change management over scientific measurement. While Ashurst’s approach was...Feb 2, 2026·3 min read
The Full Court of the Federal Court of Australia rules tote bags are not "art," stripping them of copyright protectionIn a significant appeal decision for the fashion and retail sectors, the Full Federal Court of Australia has confirmed that the popular "State of Escape" perforated neoprene tote bag is not a "work of artistic craftsmanship." This ruling is a harsh r...Feb 2, 2026·4 min read
Banksy's trademark battle - a lesson in "use it or lose it"After a two-year dispute with UK greeting card company Full Colour Black, the anonymous street artist Banksy has lost the EU trade mark rights to his iconic Flower Thrower artwork. Once sprawled across a garage wall in Bethlehem, this image is no lon...Feb 2, 2026·5 min read
When is a social media post clearly an #ad? A win for Samsung, a lesson for brands.Social media influencers are increasingly being held to account for failing to disclose advertising content. In a recent victory for brands, Samsung successfully challenged an Ad Standards decision, proving that context matters just as much as specif...Feb 2, 2026·3 min read
AI inventors rejected - High Court of Australia declines to rule on DABUS caseThe High Court of Australia has effectively closed the door on the patentability of AI-generated inventions, at least for the moment. By refusing to hear an appeal in the high-profile "DABUS" case, the Court has left the Full Federal Court's previous...Feb 2, 2026·3 min read