Cheng Lim, Bryony Evans and Clea Denham talk about the real and present danger of cyber attacks. They’re unthinkable, but the risks should be top of mind for companies and directors. They share their top tips to plan for cyber resilience. Australia’s corporate...
Claire Rogers, David Olsson and Alessio Tripodi consider the benefits of collaboration to build Australia’s grid and transmission infrastructure and develop carbon markets. The transition is global, and working together is essential to meet net zero goals. Recent...
Caroline Hayward and Brian Whelan discuss recent developments in relation to spam laws. How can you ensure your messages are positively received? They offer a checklist that outlines how to reduce the risk of non-compliance when preparing your next round of marketing...
In our latest post, we turn to crises – and, more importantly, how to manage them. Crises can take a number of forms and by their nature they happen unexpectedly without warning. Inhouse counsel have an important role in identifying risks in order to prepare for a crisis. While a crisis is unfolding, inhouse counsel are critical in protecting privilege and providing legal advice in the moment.
Scott Gardiner delivers his latest fun fact on hydrogen, for anyone who shares his insatiable interest in this clean fuel of the future. In this post, KWM’s Co-Global Head of Projects Energy and Resources and lawyer Tiffany Kwong look to the seas - can hydrogen crack...
Scott Gardiner delivers his latest fun fact on hydrogen, for anyone who shares his insatiable interest in this clean fuel of the future. In this post, KWM’s Co-Global Head of Projects Energy and Resources looks at the global landscape. Can his home nation - Australia...
Privilege is a cornerstone of the legal profession and protecting it is vital to inhouse counsel. Every lawyer knows what privilege means and the consequences of inadvertent waiver. But do their internal clients, who often aren’t lawyers? This post explores what privilege is and provides practical tips for inhouse counsel to ensure it is preserved.
Urszula McCormack and Leonie Tear set out the steps to take to manage the case no company wants to encounter: being held to ransom in a cyber attack. Finding out that customer data has been hacked, exfiltrated and is being held to ransom by an unknown threat actor is...
The 2023 Boao Forum for Asia (BFA) marks the first time the event has been held in-person for three years. The theme is An Uncertain World: Solidarity and Cooperation for Development and Challenges. King & Wood Mallesons International Director David Olsson is on...
In 2023, Australia and China enter their 51st year of bilateral relations. This brings an opportunity to extend collaboration and cooperation as part of global efforts to accelerate decarbonisation. To celebrate the relationship and to launch two reports that champion...
Digitisation can help public services to improve decisions – just as it does for the private sector.
Victor Dominello, the Minister for Customer Service & Digital Government in New South Wales, spoke with KWM Partner Annabel Griffin about his mission: “to use data, digital tech, to reduce suffering and improve quality of life”.
COVID-19 triggered dramatic changes in the way international arbitration is conducted, but which will remain? Our partner Amanda Lees, based in Singapore, recently shared her insights with The Legal 500 on the Covid-19...
This post is part of our series on Climate Change Disputes around the world. Our inaugural post was a primer on Climate Change Disputes 101 (click here for link). Stay tuned for future posts on jurisdiction specific issues arising out of Climate Change Disputes. How...
A new set of rules for the Australian Centre for International Commercial Arbitration (ACICA) came into force on 1 April 2021. The 2021 Rules replace ACICA’s 2016 Rules, and unlike the new years’ resolutions we set for ourselves (and which we have already broken),...
In December 2020, Justice Beach of the Federal Court of Australia handed down his decision in Dialogue Consulting Pty Ltd v Instagram Inc [2020] FCA 1846. This David and Goliath battle saw Dialogue Consulting, Aussie start-up and creator of the popular social media...
1 Summary In March 2020, Justice Riordan of the Victorian Supreme Court handed down his decision in Jacobs Group (Australia) v Commonwealth of Australia [2020] VSC 127, deciding against Jacobs Group on the enforcement of an arbitral award stemming from a...
Imagine you had been working diligently in an arbitration. At some point, you received an email from the tribunal, seeking submissions on the interpretation of a particular term. You did not make any submission. The award was issued against your client and it turned...
With consent being the cornerstone of arbitration, obtaining evidence from non‑parties to foreign arbitral proceedings can cause headaches! The arbitral tribunal may not have the power to issue subpoenas to non‑parties and the domestic courts may not have the power...
In 2019, the High Court of Australia (HCA) confirmed in Rinehart v Hancock that orthodox principles of contractual interpretation apply when interpreting arbitration agreements.[1] The HCA determined that arbitration agreements should be construed in context,[2] with...