Welcome to our Newsletter, bringing you the latest in Intellectual Property, Technology and Media Law news.

THINK BEFORE YOU PROMPT: PROTECTING PRIVILEGE AND CONFIDENTIALITY IN THE AGE OF AI

AI tools might be convenient, but one recent US case shows they could cost you legal privilege. Here’s what every client needs to know before hitting “prompt.”

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PARTIAL PROGRESS: SOUTH AUSTRALIA IMPLEMENTS SOME OF THE STAGE 2 DEFAMATION REFORMS

South Australia has adopted only part of the national Stage 2 defamation reforms, leaving search engines, social media platforms, and website operators exposed to broader liability than in any other state. Discover what’s changed, what’s missing, and why SA’s outlier approach matters for anyone publishing online.

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FIGHTING FIRE WITH FYRE: COURT RULES MARKS WITHIN MARKS CAN CONSTITUTE GENUINE USE

The Federal Court has provided valuable guidance on the use of composite marks and the evidentiary threshold for challenging long‑standing trade mark registrations in the recent case of Trafalgar Group Pty Ltd v Boss Fire & Safety Pty Ltd [2026] FCA 202.  In this article we unpack the Court’s findings, including the confirmation that Trafalgar’s FYRE Device Mark was validly used within a family of FYRE‑branded marks as a ‘mark within a mark’.

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In case you missed it, the following articles were recently written and published by our team:

SMILE – YOU’RE ON IN-STORE CAMERA! TRIBUNAL DECISION LEAVES SCOPE FOR FACIAL RECOGNITION CCTV

The Administrative Review Tribunal  has overturned the Privacy Commissioner’s stance on Bunnings’ use of facial recognition, confirming that consent‑free facial recognition technology (FRT) can be lawful in tightly controlled circumstances. But the decision also reinforces strict obligations around notice, governance and privacy safeguards. Here’s what retailers need to know before considering FRT.

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NEW SOUTH WALES BECOMES FIRST AUSTRALIAN STATE TO REGULATE THE WORK HEALTH AND SAFETY HAZARD ARISING FROM DIGITAL WORK SYSTEMS

Safety laws are set to be expanded in NSW to enhance protections for workers and businesses when using a digital work system. In an Australian first the new legislation aims to ensure that safety laws are adapted to reflect modern workplaces.

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4 STEPS TO MANAGE RISK AND GET ROI ON YOUR AI

As organisations rapidly adopt generative AI tools such as ChatGPT, Copilot and Claude, the opportunities for efficiency and productivity are significant, but so are the risks. HWLE outlines a practical four‑step framework to help businesses embrace AI safely and strategically. This includes identifying where AI can genuinely improve processes, ensuring data quality, establishing strong governance, and implementing fair‑use frameworks that align with privacy and regulatory obligations.

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THE DEVIL IS IN THE .TAIL

In April 2026, the Internet Corporation for Assigned Names and Numbers (ICANN) will open applications for a new round of top‑level domains (TLD). This round offers organisations a rare chance to operate their own TLD, including a .brand extension. For brand owners, this is a strategic opportunity to gain trust, security, and long‑term control over how customers find and interact with you online. The organisations that benefit most will be those that move early, prepare thoroughly, and understand the process.

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SMALL ICONS, BIG RIGHTS: PROTECTING FAVICONS AS INTELLECTUAL PROPERTY

Favicons may be small, but they carry big brand value. These tiny icons help users instantly recognise websites across browser tabs, search results and bookmark lists. Their simplicity raises an important question: how can businesses protect favicons under Australian copyright and trade mark law to safeguard brand identity and prevent misuse?

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