Resources

Articles

  • Katie Miller, Disruption, Innovation and Change: the Future of the Legal Profession
  • Lyria Bennett Moses, Faculty of Law, University of New South Wales, "Agents of Change"
  • Gaia Bernstein, Seton Hall Law, Seton Hall University, "When is Timing Important in the Regulation of New Technologies?"
  • Arthur Cockfield, Faculty of Law, Queens University, "From Cyberlaw to Law and Technology"
  • Joseph Pugliese, Faculty of Arts, Macquarie University, "Drone Technologies and the Inexecution of Law"
  • Kieran Tranter, Griffith Law School, "Gaming the Speculative Jurisdiction in Law and Technology"

Blogs

LIV LawTech Essentials Fact Sheets

The LIV’s Technology and the Law Committee has produced a series of "LawTech Essentials" factsheets that provide LIV members with succinct and user-friendly overviews of the essential aspects of a range of contemporary technologies and technological concepts that are revolutionising the way legal practice is conducted.

Cloud Computing Essentials

Cloud computing, at its most basic level, refers to the delivery of hosted computing resources such as software and infrastructure over the internet, as an alternative to "on premises" computing resources. This LawTech Essentials factsheet will equip you with an understanding of what cloud computing is, the benefits of adopting cloud computing in your law practice, the risks associated with cloud computing, and key factors to consider when deciding whether to adopt cloud computing.

Technology Assisted Review (TAR) Essentials

Technology Assisted Review (TAR) is a process of having computer software electronically classify documents based on input from expert reviewers to expedite the organisation and prioritisation of the document collection. This LawTech Essentials factsheet will equip you with an understanding of what TAR is, how TAR works, key judicial precedents in relation to TAR, recent Australian judicial adoptions of TAR, the benefits of TAR, and the risks associated with TAR.

Cyber Security for Law Firms

Cyber security is the ability to protect or defend computer systems and the information they hold, against unauthorised access or attack. This LawTech Essentials factsheet will equip you with an understanding of the measures necessary to provide a law firm with a minimum level of cyber security. It includes information about the rationale for each measure and implementation guidance.

Cyber Security for the Individual

Cyber security is the ability to protect or defend computer systems and the information they hold, against unauthorised access or attack. This LawTech Essentials factsheet will equip you with an understanding of the measures necessary to provide an individual computer user with a minimum level of cyber security. It includes information about the rationale for each measure and implementation guidance.

Websites and Online Reference Material

Cyber Precedent

An information campaign by the Law Council of Australia to assist the legal profession to defend itself against growing cyber threats.

StaySmartOnline

The Australian Government’s online safety and security website, providing information about the risks and how to protect personal and financial information online.

Australian Cybercrime Online Reporting Network (ACORN)

A national policing initiative providing a national online system that allows the public to securely report instances of cybercrime.

Australian Cyber Security Centre

Run by the Australian Competition and Consumer Commission (ACCC) to provide information to consumers and small businesses about how to recognise, avoid and report scams.

SCAMwatch

Run by the Australian Competition and Consumer Commission (ACCC) to provide information to consumers and small businesses about how to recognise, avoid and report scams.

iDcare

Australian and New Zealand non-profit national identity support service that provides support for identity theft victims.

Security Tips for the Use of Social Media: Australian Signals Directorate Information

Information from the Attorney-General’s website.

Privacy Amendment (Notifiable Data Breaches) Bill 2016 Explanatory Memorandum

Information from the Attorney-General’s website.

Australian Privacy Principles Guidelines

Information from the Attorney-General’s website.

OAIC Data Breach Notification: A Guide to Handling Personal Information Security Breaches

Information from the Attorney-General’s website.

Identity Security

Information from the Australian Government Office of the Australian Information Commissioner

Developments of Interest

Judicial Speeches

Technology, Innovation and Change in the Supreme Court of Victoria. "The Way Forward: Placing Innovative Ideas into Practice"

Law Institute of Victoria Future Focus Forum. Notes from keynote presentation by Judicial Registrar Julian Hetyey - delivered on 23 November 2017.

Technology and the Law

Provides a link to the speech by Justice Geoffrey Nettle, of the High Court of Australia, regarding computational law in judicial decision making.

What is information technology doing to the common law?

Provides access to a speech by Justice Stephen Gageler, of the High Court of Australia, regarding the question of what is information technology doing to the common law. 

Conference on the ethical governance of information & communications technology and the role of professional bodies

Provides a link to a speech by The Hon Michael Kirby, formerly of the High Court of Australia, regarding regulating technology.

New South Wales Society for Computers and the Law

Provides access to a speech by The Hon Michael Kirby, formerly of the High Court of Australia, regarding computers and the law.

Australian Academy of Technological Sciences & Engineering

Provides a link to a speech by The Hon Michael Kirby, formerly of the High Court of Australia, concerning the intersection between technology and the law.

Recent developments in intellectual property law in Australia with some reference to the global economy

Provides access to a speech by The Hon Susan Crennan, formerly of the High Court of Australia, regarding recent developments in intellectual property law in Australia.

The Unbearable Lightness of Being an Intellectual Property Lawyer

Provides a link to a speech by The Hon Robert French, formerly of the High Court of Australia, regarding being an intellectual property lawyer.

A Public Law Perspective on Intellectual Property

Provides access to a speech by The Hon Robert French, formerly of the High Court of Australia, regarding public perspectives on intellectual property.

Social Media Resources

Social media is the online interaction between people using platforms such as Facebook, Twitter, and LinkedIn. Users publish their own content, be it text, images, or video, to share and exchange. Social media has diverged greatly from traditional media in terms of immediacy, permanence, reach, and frequency.

Social media is not just changing the way we communicate, it is changing the way laws are interpreted and practised worldwide. It is now conventional wisdom that unless you have at least a basic understanding of social media, you are not truly able to serve your client.

The LIV has previously convened a Social Media Taskforce, comprising lawyers from all areas of practice to monitor the impacts of social media on the legal profession. The all-pervasive nature of social media in the practise of law and the law itself led the LIV to establish the Taskforce, which was responsible for monitoring developments in social media and advising LIV members on related issues so they are better informed.

The Taskforce has prepared a range of social media resources, as set out below.

Law Institute Journal Articles

The Paperless Contract

Despite increasing demand, and the ETA being in place for 15 years, Australian lawyers are yet to embrace the paperless contract. To do so requires a good understanding of the law and the technical options available.

Sharing in the Digital Age

The introduction of Web 2.0 has enabled interaction and collaboration between users and transformed our personal and professional lives. This article outlines some basic terms of technology that everyone should become familiar with.

Beware Anti-Social Media

The use of social media is rapidly increasing but it comes with traps for the naive and unwary. Lawyers need to keep an eye on their practice areas as the rise of social media has changed the way areas such as family law, criminal law and employment law are dealt with due to social media activity.

From Tweet to Defeat

An article explaining the importance of understanding social media and why lawyers should seek to discover a client’s online reputation and past.

Social Media and the Law: The future of legal practice in the digital age

With social media here to stay, it is imperative that lawyers actively engage with social media or, at the very least, understand its function, value and implications of the law. This article discusses social media’s impact on areas of the law.

The ‘In’ Thing: LinkedIn for Lawyers

Reputation is the cornerstone of a lawyer’s practice and a firm’s identity. Therefore, it is imperative that you utilise every channel you can to manage your public perception. Whether you are looking for career opportunities or to enhance your online presence, look at LinkedIn as a vehicle to connect. This piece examines the benefits of LinkedIn for lawyers.

How to Use LinkedIn as an Effective Networking Tool

LinkedIn is a great networking tool. Here are a few tips on how to best utilise the platform to benefit your career.

Social Media and the Law Fact Sheets

Social Media – Evidence Authentication & Admissibility

The area of social media evidence (SME) is in a state of flux due to limited Australian case laws on this issue. The concern that faces our courts in allowing SME evidence is the ease to which a person can pretend to be someone else on the World Wide Web. This fact sheet highlights the key considerations, tips and recent Australian case laws in relation to SME.

Protecting Yourself on Social Media – Managing Your Security Online

Tips for lawyers on how to keep their social media accounts secure and their reputations intact when using social media.

Privacy on Social Media – Managing Your Privacy Settings

Knowing the in’s and out of your privacy settings is an important tool for keeping your social networking pages as private. The factsheet outlines tips, traps and links to refer to when managing your settings.

Dealing With Negative Feedback – How to Handle It

Do not let the fear of negative feedback deter you from exploring and introducing your organisation to the world of social media. For lawyers, reputation is everything, so here is a short brief on how to handle undesirable situations online.

Advising Clients on Social Media – Keeping Clients Safe Online

Due to social media becoming an essential part of our modern lives, a client’s activity online can affect their legal proceedings in varying ways. It is essential that practitioners discuss with their client how they can best protect their interests, making it clear that what they post on social media can be used as evidence against them.