Public Law – Issue 27

Can you tell us a little bit about yourself?

I’m a commercial lawyer with a practice in procurement and probity. I grew up in Canberra and previously worked in government. I’ve always enjoyed working with government and discovered early on that it requires a unique set of skills. I genuinely love what I do and am quite passionate about probity, procurement and the impact of AI. I also enjoy talking to clients about anything to do with procurement.

Outside of work, my seven-year-old son keeps me on my toes. You’ll usually find me at the oval or in the backyard playing cricket or tennis with him.

What first drew you to law? Did you always imagine yourself here?

I didn’t plan to do law at all. I fell into it while completing my initial degree in Commerce. I took an introductory law subject, and it just clicked. I really enjoyed it. Before that, I was planning to study medicine. To this day, I still love the smell of a hospital and would happily go back and study medicine. In my early teens, I even read anatomy books for fun.

Looking back, what’s been the most formative experience in your career so far?

Learning to be resilient, persistent and managing stress and disappointment.

My father was a lecturer and often said that the students who succeeded weren’t necessarily the brightest, but those who simply kept going. It’s a lesson that has stayed with me.

What’s a lesson you’ve learned the hard way that’s stayed with you?

Clients forget your speed but remember your mistakes. Always take the time to check your work.

What was it about Hall & Wilcox that made you decide this was the right next step?

I moved for the culture and collegiality. I’m still in awe of the support and collaboration across the firm.

What are you most excited about building in your practice at Hall & Wilcox?

I am excited to contribute to the firm’s growing government practice, particularly the procurement and probity practice. Working alongside a national team that values collaboration, innovation and public sector impact is a great opportunity. I see strong potential to use the firm’s AI capabilities to reduce costs and further differentiate Hall & Wilcox’s offering.

What’s one piece of advice you find yourself giving again and again?

Work is a privilege. I always try to treat it that way.

Best way to unwind after a long week?

Spending time with my son, Alexander. At the moment, we are doing a lot of reading, cricket, tennis and Lego, especially in the wet weather.

One book, podcast, or habit you’d recommend?

I have a long list of books I could recommend, but I am currently enjoying When the Going was Good, by Graydon Carter; The Chancellor: The Remarkable Odyssey of Angela Merkel by Kati Marton and Hamnet by Maggie O’Farrell.

Robert Watson
Partner

Every night, thousands of young people in Victoria are without a safe place to call home, not by choice, but because they have had to flee violence, trauma or instability. Melbourne City Mission (MCM) walks alongside these young people to help them rebuild safety, education and independence.

Sue Albert, who leads philanthropy, partnerships and brand at MCM, spoke to us about the realities of youth homelessness, the power of education and housing as early intervention, and the impact of Sleep At The ’G (returning 14 May 2026).

What is Sleep at the ’G (SATG) and why does one night at the MCG matter?

This is one night where around 1000 people who care about youth homelessness come together to sleep outside. It’s cold, it’s uncomfortable, and it needs to be. We host a fireside chat and share lived experiences from our young people which is incredibly impactful. On any given night, more than 7500 young people in Victoria are experiencing homelessness. This event inspires empathy and builds awareness to help create momentum for change. It’s a critical fundraising event supporting our Youth Housing Initiative, helping young people transition to live independently.

This year’s event is on 14 May 2026. What’s new or different, and what’s your ambition for outcomes?

Our goal this year is to raise $1 million for the Youth Housing Initiative. For the first time, we are piloting a national partnership with a corporate firm to engage their teams across multiple states. We are placing a strong emphasis on storytelling, highlighting the impact of the money raised. We are seeking opportunities to involve Year 11 and 12 students, recognising that many homeless youths couch surf.

What’s one story from SATG that stays with you?

One of our young people who spoke last year came from a very privileged home in Sydney. She didn’t present as someone who came from a violent home or was homeless and did not fit the ‘stereotypical’ image of homelessness. She caught a train to Melbourne to our support service in the city because she had nowhere else to go. She’s now studying a psychology degree. Another young man had to flee after his mother passed away. He was in danger of being harmed or worse if he had stayed with his father. He attended Hester Hornbrook Academy and received the education he needed. He’s now working full-time and is a young dad. He has broken the cycle.

For readers who may not see youth homelessness, what does it actually look like, and why is it so often invisible?

Youth homelessness is often ‘invisible’ because a lot of young people hide the fact that they are homeless. They couch surf, sleep rough, stay anywhere they can, anywhere but home. More than 80% of young people experiencing homelessness have fled family violence. They talk about ‘fleeing’ their home. No young person chooses homelessness; it’s not a choice.

What factors most commonly lead young people into homelessness, and which early interventions make the greatest difference?

Family violence is the leading cause of youth homelessness. At MCM, we work within a healing-orientated framework that embeds lived experience into our care model. The intervention that makes the most significant impact is education. We operate five Hester Hornbrook Academies for young people who often cannot attend mainstream schools due to trauma or mental health challenges. We support them all the way through to graduation and are now engaging corporates to create meaningful employment pathways beyond school.

What is MCM’s promise to the community and what does it mean to you personally?

Before joining MCM, I didn’t know much about youth homelessness. MCM’s promise is clear: to end youth homelessness. We work towards this goal, but also have significant oversight into education and housing. We support young people from the streets, provide respite care, operate refuge centres, and deliver long-term support. We run Hester Hornbrook Academy, an incredible education model for youth aged 15-25 who are disengaged from mainstream schooling. I’m here to make a difference and I feel fortunate that my role allows me to contribute meaningfully to that mission.

You’ve led commercial and social impact strategies. What drew you to this role at MCM?

As the largest provider of youth homelessness services in Victoria, MCM delivers programs that are innovative, sustainable and continuously improve people’s lives. We recently merged with Quantum, an organisation that does significant work in family violence and the broader community. That integration strengthens our ability to provide wraparound, long-term support, truly changing outcomes.

What do you wish more public sector leaders understood about the lived experience in your programs?

No one chooses homelessness, it’s not something anyone aspires to. We need to focus on how we care for, support and protect young people, ensuring their safety and quality of life. Many flee their homes with absolutely nothing, no phone, no identification, and need immediate compassion as well as sustained support to rebuild their lives.

Best advice you’ve ever received?

Focus on what matters to you and what you can control.

For more information or to donate, visit the website. 

By Jodi Wilson 

Many of us were already struggling with overwhelm, even before the latest global events. In an artificial, hyper-convenient, 24/7 life, where ‘busyness’ is often a badge of honour and our schedules forget we’re human, our bodies and brains are overloaded and stressed.

Jodi Wilson’s book offers the perfect cure. She says allowing breathing space for our brains should be seen as essential, not indulgent. Instead of being caught up in a ‘growth’ narrative that doesn’t acknowledge our biology, we should look to simple habits, practised by our ancestors, that can provide an antidote to the chaos and obligations of modern life. Wilson says that while these practices may seem simplistic, they’re biologically necessary.

This book is split into two halves. Part one outlines what we need to live well: a calm nervous system, an uncluttered brain, a safe and nourished body, and breathing space. Part two offers advice and solutions on how to create your ‘new normal’, with practical tips in 12 chapters, from how to check habits to restoring your attention, honouring the season you’re in to finding your best forms of rest.

These habits can slot into busy modern lives because they don’t require change, signing up or a new outfit: we just need to pause and notice.

Wilson’s approach is not ‘woo woo’ wishful thinking – there is plenty of science to back up her advice. This is not a quick-fix self-help book: we must ask ourselves what we need to live well, how we can let go of the unnecessary and take small, practical steps each day to create breathing space in our lives.

In a book brimming with insights (my copy is heavily annotated!), three insights stood out to me: it’s possible to live a slower life without sacrificing ambition or productivity; creativity is stimulated by stepping back rather than pushing through; and creating change can be as simple as subtracting just one thing from a crowded calendar.

Melinda Woledge
Senior Marketing & Communications Manager

2026 Victorian Government webinar series

We are offering a series of complimentary webinars filled with the latest insights and practical knowledge to assist your day-to-day practice. 

Register now 

As governments across Australia strive to deliver more sustainable, resilient and community-focused transport networks, ferry infrastructure provides opportunity for innovation. In recent years, state and local governments have embarked on projects to modernise fleets, improve environmental performance, and strengthen transport links in geographically challenging regions. Our transport team has been pleased to be able to assist.

Bridging remote communities: Douglas Shire Council’s Daintree cable ferry

In north Queensland, the Daintree Rainforest presents a unique challenge: unspoiled environment with limited road access, and a community reliant on a single ferry crossing to connect residents and businesses.

Local governments are navigating procurement tasks traditionally associated with larger agencies, such as balancing environmental protection, community expectations and long-term operational concerns.

Supporting councils through drafting, risk allocation, technical evaluation and contracting structures helps ensure that procurement outcomes align with environmental responsibility and regional economic resilience.

Western Australia’s move toward electric mobility: the Swan River electric ferry

Western Australia is accelerating its shift towards sustainable public transport through the introduction of five new electric ferries, for Perth’s popular Swan River services.

This project reflects a trend towards zero-emission transport solutions, providing cleaner, quieter and a more cost-effective transport solution.

New South Wales: lessons from modernising river class ferries

Rounding out the national picture is the work done with Transport for NSW (TfNSW) on its recent procurement of new river ferry vessels. While the NSW project is now complete, it provides valuable insights for other jurisdictions embarking on similar fleet upgrades, particularly when navigating technical uncertainty, WHS requirements, and stakeholder engagement.

The NSW experience reinforces the importance of careful counterparty selection and designing procurement processes that anticipate long-term maintenance needs and integration into the existing fleet.

Three jurisdictions, one consistent challenge: managing bespoke risk

Despite their differences, the Queensland, Western Australian and New South Wales projects share a common thread: the inherently bespoke nature of ferry design and operation.

These projects collectively demonstrate the evolving sophistication of ferry procurement in Australia. Whether the task involves connecting remote communities, introducing electric fleets or integrating new vessels into complex metropolitan systems, governments are striking the delicate balance between technical and environmental innovation, security of service and cost.

Chris Sacré 
Partner 

As we edge towards the end of the financial year, many of you will be undertaking performance reviews with staff and setting your own goals and objectives.

During this time of reflection, ask yourself:

• Do I delegate enough?

• Do I do it well?

• What about my team?

• Do they need some training around this?

Delegation is a critical skill for managing high-performance teams. It unlocks your capacity to work on more high-level work, demonstrates your leadership, increases efficiency and builds up your team’s capabilities.

When delegating, consider these golden rules:

1. Don’t delegate a task unless you can do it yourself – make sure you understand what you have been asked to do, whether by a more senior colleague or a client or stakeholder. If you can’t envisage the outcome, it’s not ready to be delegated.

2. Take staff along for the ride – get colleagues involved in projects early, so they are invested in outcomes, can see where projects are heading and manage their time and competing priorities accordingly.

3. Hit the sweet spot between stretch and comfort – you want to challenge staff to keep them engaged and develop their skills. But you don’t want to bore them by giving them something that is too easy or perceived as being ‘beneath them’. At the other end of the spectrum, when tasks are too hard, staff will become overly anxious and inefficient.

4. Exercise good judgement – be present when settling work and think critically. Ask whether particular issues have been considered or perhaps overlooked. Exercise particular caution if AI has been used.

5. Avoid the common pitfalls – don’t give vague instructions, avoid re-doing work and keep a watchful eye on upcoming deadlines so you don’t run out of time to settle a second attempt at a task.

Kelsey Essex 
Senior Associate 

Our Melbourne office recently hosted the mid-year meeting of the State Capital Group – an alliance of 51 independent law firms worldwide, with Hall & Wilcox representing Australia. The event brought together international delegates to explore the legal, political and economic forces shaping cross-border business.   

Clients heard from a panel of US lawyers and professional lobbyists from across the political spectrum, who shared insights on navigating the growing reach of US policy. A key takeaway was that the US operates less as a single market and more as 50 distinct regulatory environments – making it critical for Australians to understand how federal and state systems interact. 

The panel highlighted the impact of US tariffs, creating cost pressures, supply chain disruption and investment uncertainty, while noting that exemptions may create opportunities. State-level differences also matter: Republican-leaning states often offer lower costs, while Democratic-leaning states provide stronger access to capital, talent and innovation, making location a strategic choice. Policy uncertainty is likely to continue following the 2026 midterm elections, panellists emphasised the critical role of professional lobbyists in helping foreign businesses succeed in the US. For Australians entering the US market, guidance from those with direct US political and governmental experience can materially improve outcomes.

Jacqui Barrett
Partner and Head of US Practice

Ingredients

Dough

¾ cup milk, warmed

2¼ teaspoons quick-rise (instant) or active dry yeast

¼ cup white sugar

4 tablespoons salted butter, melted and cooled

1 large egg plus 1 large egg yolk, at room temperature

3 cups bread flour, more as needed

¾ teaspoon kosher salt

Extra-virgin olive oil, for greasing the bowl

Filling

4 tablespoons salted butter, softened

2/3 cup packed dark brown sugar

1½ tablespoons ground cinnamon

Cream cheese frosting

112 grams cream cheese, softened

¾ cup icing sugar

3 tablespoons salted butter, softened

½ teaspoon vanilla extract

Method

Begin by preparing a simple yeast dough, mixing warm milk with yeast and sugar before adding butter, egg and flour and salt to form a soft, elastic dough. Knead until smooth, then cover and leave to rise until doubled in size.

Once risen, roll the dough into a rectangle and spread generously with butter (for the filling). Sprinkle evenly with a cinnamon and brown sugar mixture, pressing it gently into the surface. Roll the dough tightly, slice into individual rolls and arrange in a lined baking dish. After a second rise, bake until golden and fragrant.

While the rolls bake, prepare a smooth cream cheese icing with the cream cheese, butter, vanilla and icing sugar. Spoon generously over the rolls while still warm and allow it to melt into every swirl.

This recipe is by ‘The Best Cinnamon Rolls You’ll Ever Eat’ by Ambitious Kitchen.

The use of artificial intelligence (AI) in professional legal practice is growing, with many practitioners adopting generative AI to enhance efficiency. A reliance on AI brings with it concerns about the ethical implications of its use in legal services and how it may affect communications intended to be protected by legal professional privilege.

Practitioners should beware: if you upload client documents, communications or advice to AI, you may inadvertently waive legal professional privilege.

What is legal professional privilege?

Legal professional privilege (LPP)protects confidential communications and documents between a solicitor and client made for the dominant purpose of providing legal advice or use in current or anticipated litigation.

Where LPP applies, a party is not required to disclose the relevant communication or document. If a party acts in a way that is inconsistent with the privileged material remaining confidential, for example, by disclosing legal opinion or advice to a third party, then privilege may be waived. To ensure that privilege is maintained, practitioners must handle privileged material carefully, especially when using AI tools.

How generative AI tools create risk

Most open generative AI tools process user inputs on external servers which may retain, store, or reuse data  
to generate responses.  

AI can assist with many legal tasks, such as summarising, analysing and redrafting documents. Uploading client documents, even with client consent, can result in sharing privileged material with a third party outside the lawyer client relationship. This can compromise confidentiality and risk waiving privilege. 

The risk of waiver is compounded by the functionality of generative AI tools. 

Many publicly available AI tools contain terms of use that grant the platform broad rights over user inputs, including the ability to store, process and use the provided information to improve the AI model. If confidential client information is uploaded, it may be retained on third-party servers and potentially exposed through later investigations by other users, security weaknesses or data breaches. 

Loss of control over client information is inconsistent with the maintenance of LPP.

Legally focused closed data-set AI tools are preferred alternatives. Often, paid, in-house or firm-hosted tools provide greater confidentiality, clearer terms and draw only on their own database instead of the whole internet. These tools often provide a more secure basis for documents to be uploaded in a way that is not broadly accessible. 

Whether LPP has been waived depends on the AI platform’s terms and conditions, and the extent to which this tool is actually closed.

Practitioners should check the terms and conditions of any AI tools, including the rights that the AI developer has over information supplied, before uploading confidential material.

Judicial consideration

While there hasn’t been an authoritative ruling by Australian courts, recent judicial consideration supports the position that uploading documents into AI could constitute a waiver of LLP. 

In Helmold & Mariya (No 2) [2025] FedCFamC1A 163 the Federal Circuit and Family Court of Australia observed that the ‘input of documents arising out of the proceedings into a generative AI program which stores, collates and replicates data may waive privilege or fall foul of the requirements that certain matters be treated as commercial in confidence’.  The court emphasised that these risks warrant ‘extreme caution’ .

Similarly, in Mertz & Mertz (No 3) [2025] FedCFamC1A 222 the Federal Circuit and Family Court of Australia warned that ‘there is a risk that entering draft documents into an AI program will…give rise to a waiver of legal professional privilege’. Mertz & Mertz (No 3) [2025] FedCFamC1A 222 at [15]. 

Regulators have reinforced this position. The Peak legal professional bodies in Victoria, WA and NSW released a statement emphasising that ‘lawyers cannot safely enter confidential, sensitive or privileged client information into public AI chatbots/co-pilots (like ChatGPT) or any other public tools.' It warned that if practitioners elect to use generative AI tools, they must carefully review the contractual terms of the platform to ensure that information will be kept secure. The Victorian Law Reform Commission tabled a report entitled 'Artificial Intelligence in Victoria's Courts and Tribunals' in February 2026, that contained 30 recommendations and 8 overarching principles to guide safe of AI in courts and tribunals. There have also been recent, significant decisions in both the UK and US regarding the use of AI and its effect on LPP.

Key takeaways for practitioners

Practitioners should consider that once privileged material enters an open AI platform, to which confidentiality does not attach, legal professional privilege will be waived. The use of specialised, closed AI tools can assist legal processes without waiving LPP, provided practitioners obtain informed consent from clients and fully understand the terms and conditions of the relevant tools. 

Before using a closed AI tool for privileged information, practitioners should consider the following  
key questions:

• Is the material you seek to upload confidential, and was it prepared for a privileged purpose?
• What are the terms and conditions of the AI tool relating to user inputs?
• What security measures are in place to protect user inputs?
• Who has access to user inputs?
• Does the software utilise user inputs to train the AI model?
• How broadly is information inputted then shared and/or disseminated?
• Has the client consented to the use?
• Is it for a privileged purpose?

Practitioners must carefully assess how any AI platform handles user inputs before uploading sensitive material. If in doubt about an AI tool’s capability to maintain confidentiality, it is best not to input data into the AI tool. 

Hall & Wilcox remains committed to Smarter Law and responsible AI use, and continues to develop and use specialised, privacy preserving legal tech tools designed to retain the full protection of client confidentiality and privilege.

Catie Moore   
Partner

Lauren Separovich   
Special Counsel 

In this article we take a look at how AI may be used safely, responsibly and effectively to improve the efficiency and reduce the cost of procurement processes.

Procurement is one of the most structured, document intensive and time sensitive functions in government. That structure is precisely what makes it ideal for low risk, high impact adoption of AI. When used as a drafting, summarising and consistency tool rather than a decision-maker, the result is a faster, more efficient, more cost effective procurement process, all while preserving human accountability at every decision point.

AI as time saver for procurement teams

AI offers practical ways to streamline the planning phase without compromising quality or introducing probity risks.

AI can analyse large datasets relating to suppliers, pricing trends, contract performance and market conditions to better inform teams planning a procurement. Using approved templates, policies and inputs, AI can also produce tracked, reviewable first drafts of key procurement documents, giving procurement teams a head start in tackling this important task.

AI can safely assist with drafting procurement documentation across the lifecycle, including planning, market testing and evaluation materials. For example, AI can prepare tracked first drafts of:

• risk management plans
• industry engagement strategies
• probity plans.

“AI enhances capability without introducing unnecessary risk.”

Similarly, AI can assist with drafting market testing documentation, including:

• conditions of tender
• RFT response requirements
• draft contracts and statements of work.

AI can help ensure consistency across documents and identify gaps that require further human input.

Once inputs are provided, documents can be generated and updated quickly as projects progress, shifting the drafter’s role from manual rewriting to review, refinement and judgment.

During the evaluation phase, AI can assist by summarising tender responses, mapping them against evaluation criteria, and identifying inconsistencies or missing information. This relieves tender evaluation panel members from administrative tasks thereby allowing them to focus on the main game, namely, substantive decision making.

In each scenario, AI is not evaluating, scoring or determining value for money; it simply produces accurate drafts for human approval.

AI can assist with contract review and negotiation, identifying unusual risk allocations and clauses commonly contested by suppliers, as well as supporting contract management and performance monitoring by tracking delivery timelines and service levels against contractual metrics.

'AI should be used only where it supports the team in making defensible value-for-money decisions and not where it replaces judgement.'

Improving consistency and reducing rework

Procurement documentation often reuses information across multiple documents. AI helps maintain consistent terminology, structure and referencing across the entire suite, reducing internal inconsistencies, gaps and late-stage rework.

This leads to a more coherent, defensible and auditable procurement process, supporting better outcomes for both agencies and suppliers.

Why controlled and secure AI tools matter

Government procurement requires confidentiality and, in many cases, heightened security. That is why controlled AI environments are essential. These platforms operate within secure, organisation-approved boundaries and rely on approved templates and precedents only.

In other words, AI enhances capability without introducing unnecessary risk.

Keeping the human in charge

The principle is simple: AI drafts. Humans decide.

Evaluation, compliance, probity and value-for-money decisions remain firmly with human decision- makers. Used this way, AI becomes a productivity and quality tool, rather than a decision-maker.

The opportunity for government: immediate gains, no extra risk

AI is already entering procurement, often informally. The challenge now is ensuring its use is deliberate, safe and value driven.

By focusing on low risk applications such as drafting, summarising and aligning documentation, agencies can achieve:

• significant time and cost savings
• faster procurement timeframes
• greater consistency and defensibility
• reduced administrative burden on procurement staff.

Al without compromising the RFT process or reducing its defensibility.

AI should be used only where it supports the team in making defensible value-for-money decisions and not where it replaces judgement.

Looking ahead

If you are looking to accelerate procurement, reduce costs or improve consistency and free up your procurement team to focus on higher value work, AI can help in a low-risk way.

At Hall & Wilcox, we are supporting government clients to streamline their procurement processes through AI enhanced outsourced procurement services.

Robert Watson 
Partner 

Hall & Wilcox recently hosted the Sydney stop of the Trans-Tasman Business Circle’s GovTech Dialogue series, bringing together senior leaders from across government and the tech industry to discuss the future of digital government in Australia and New Zealand.

A clear message emerged: both jurisdictions have moved beyond the early phase of digital transformation. The challenge is no longer simply digitising services or launching new platforms but embedding digital capability into the everyday operations of government.

From initiatives to system change

The panellists reflected on the shift away from stand alone technology projects toward whole of system reform. This includes rethinking operating models, funding arrangements and procurement frameworks to support shared platforms across agencies.

For government leaders, this represents a leadership challenge as much as a technical one. Sustained digital reform requires clearer accountability, greater cross agency coordination and a willingness to adapt traditional governance structures to support collaboration at scale while partnering closely with vendors and advisors to deliver technology project outcomes on time and on budget

AI and delivering public value

Artificial intelligence (AI) featured prominently, particularly the move from pilots to deployment across the public service. While there is strong momentum to harness AI, the discussion reinforced that public value, not experimentation, must remain the guiding principle.

Governments face a higher bar than the private sector, with expectations around transparency, fairness and accountability shaping how AI can be adopted. There was an emphasis on the importance of clear governance frameworks that enable innovation while maintaining public confidence, with particular caution around automated decision-making and maintaining the human in the loop.

Trust as essential infrastructure

Digital trust was consistently described as foundational. Identity systems, privacy protections, cybersecurity and data sharing are now critical enablers of effective government, rather than supporting functions.

The discussion highlighted the delicate balance between innovation and public confidence. Trust is hard won and easily lost, particularly where government services rely on shared platforms or third party providers. Legal and governance frameworks therefore play a central role in ensuring that digital reform strengthens, rather than undermines, confidence in government.

Looking ahead

The discussion concluded with a forward looking perspective: the greatest risks facing digital government over the next decade are not purely technological. Leadership capability, institutional trust and the ability to govern complex systems will shape outcomes more than any individual solution.

For government agencies, digital government is no longer a specialist agenda, it is a core leadership responsibility that will define how public value is delivered in an increasingly digital state.

Suzie Leask
Partner