Welcome to the August 2025 edition of CBP Focus, where our lawyers share key insights from across the practice.
In this edition, our feature article, When AI meets IP: The Disney and Universal v Midjourney Case, examines a landmark legal dispute between major entertainment companies and an AI platform, highlighting the evolving intersection of intellectual property law and artificial intelligence.
We trust you will find this edition of CBP Focus informative. As always, please contact our authors with any questions.
Construction & Engineering
Absolute discretion, good faith and sunset-style clauses: County Court decision in LVL Transport v Fuller Road [2025] VCC 419
The County Court of Victoria has recently handed down an important decision clarifying the scope of contractual obligations under a contract of sale, the limits of implied good faith and the dangers of “absolute discretion” clauses. The case is a timely reminder for developers and purchasers alike that courts will construe commercial contracts to give effect to businesslike outcomes and unilateral powers to cancel, or delay may be scrutinised.
Corporate & Commercial
Statutory unconscionability: What businesses need to know (intellectual fairy floss not included)
The Full Court of the Federal Court has clarified that statutory unconscionability under the Australian Consumer Law (ACL) is determined by statutory factors, rather than broad “community standards.” This followed an appeal by Mercedes-Benz dealers challenging the brand’s shift to a sales agency model, which the Court dismissed.
Digital Governance, Cyber and Privacy
Digital Governance, Cyber and Privacy Quarterly Roundup August 2025
The twelfth edition of our quarterly Digital Governance, Cyber and Privacy newsletter explores the latest developments in regulatory expectations and legal responses to cyber risk, AI adoption and data governance.
Insurance
Key takeaways from a recent QCAT decision on the disqualification of a psychologist
A recent QCAT decision addresses the appropriate length of disqualification for a psychologist convicted of misconduct, focusing on balancing sentencing principles, delays in proceedings, and protecting public trust in the profession.
Intellectual Property
When AI Meets IP: The Disney and Universal v Midjourney Case
Disney and Universal are suing MidJourney over AI-generated images. The dispute raises complex questions around how AI models process copyrighted content, whether user prompts that replicate existing works could constitute infringement, and the broader implications for creators and AI service providers globally.