AI Advisory in Digital Economy

Overview

Artificial intelligence is no longer on the horizon - it’s here, reshaping business models, processes, and productivity across every sector. As organisations accelerate the deployment of AI and machine learning technologies to drive innovation and efficiency, the legal, regulatory and ethical considerations are becoming increasingly complex.

We help clients harness the power of AI responsibly and strategically. Our AI Advisory team supports clients through the entire lifecycle of AI adoption - from ideation and procurement to deployment and governance - ensuring alignment with evolving legal frameworks and risk appetites.

As businesses shift from pilots to enterprise-scale AI initiatives, our cross-disciplinary team offers deep legal insight across:

• AI Governance: Designing governance models and internal AI policies that set clear guardrails for responsible and compliant AI use, aligned with leading frameworks like the Australian Government AI Ethics Framework and Voluntary AI Safety Standard, and ISO 42001.

• Regulatory Compliance: Advising on Australia’s AI regulatory developments and international regimes (such as the EU AI Act), including emerging obligations in sector-specific contexts.

• Privacy and Data: Navigating complex data use issues, including privacy impact assessments, cybersecurity and data security, data minimisation, and federal privacy reforms relevant to AI.

• Intellectual Property: Protecting and managing IP rights around AI-generated outputs, training data, and third-party content use, and advice on IP infringement risks in training or using AI models.

• Procurement and Contracts: Structuring contracts for AI solutions, reviewing service provider terms, and applying best-practice procurement processes and models to account for the unique risks of AI functionality.

• High-Tech and AI M&A: Supporting clients through mergers, acquisitions and strategic investments in AI-driven or high-tech businesses, with targeted advice on IP ownership, data risks, regulatory approvals, and due diligence unique to AI assets.

• Workplace and Employment: Managing the workforce implications of AI, from discrimination and bias to reskilling, workplace policies, and legal compliance under industrial instruments.

• Competition and Consumer Law: Addressing risks of algorithmic collusion, misleading or deceptive AI-generated content, consumer guarantees, and liability associated with AI-driven products.

• Civil and Content Liability: Advising on defamation, discriminatory outputs, and breach of contractual warranties linked to AI systems.

• Misuse and Online Harms: Mitigating risks related to offensive or harmful content, cyberattacks, and political interference through AI-powered tools.

• Sector-Specific Regulation: Tailoring advice to high-impact sectors such as the public sector, financial services, healthcare, education, infrastructure, and transport, where regulatory intersections are particularly nuanced.

With deep capability across our national practice and a proven track record advising both private and public sector clients, we provide pragmatic, forward-looking legal guidance to support innovation, without losing sight of the risks.

Whether you are exploring AI use cases or actively deploying enterprise solutions, we can partner with you to navigate the legal and ethical complexities of AI in a way that protects your business, supports your people, and enhances your competitive edge.

Resources

• AI Governance white paper: Explores the role of governance in ethical and responsible AI adoption. It offers data-driven insights, ethical frameworks, and practical recommendations to help businesses harness AI’s potential while ensuring transparency and fairness.

• AI Governance webinar: Clayton Utz partner, Simon Newcomb shared his insights at the whitepaper launch discussing how AI is regulated, what's changing and highlighting regulation's central role in building consumer trust.

• Video: The workplace and employment implications of Generative AI – Risky business? In this video we explore the workplace and employment implications of large language models such as ChatGPT and ask: Is this risky business, or a golden opportunity?