Australia’s rapidly expanding hate laws raise concerns about subjectivity, constitutional limits and the challenges of enforcement across jurisdictions.
By Professor Emerita Anne Twomey - 2 min read
The instinct to draft detailed force majeure clauses may be leaving parties with fewer remedies when contracts are tested by new forms of disruption.
By Mark Lazarus - 2 min read
New AML/CTF requirements do more than change client onboarding processes — they trigger privacy obligations many law practices have never faced.
By Simone Herbert-Lowe - 2 min read
A recent decision highlights how poorly drafted dispute resolution clauses can undermine arbitration rights and leave parties litigating instead.
By Justin Hogan-Doran - 2 min read
A growing body of case law highlights the risks of inadequate costs estimates, from void costs agreements and assessments to findings of misleading conduct.
By Marina Dulhunty - 1 min read
While the Scheme can limit liability, recent cases reveal important exceptions and potential conflicts with professional indemnity insurance.
By Baron Alder and Milica Vukancic - 1 min read
Reforms are embedding sustainability into strata governance, lowering approval thresholds and changing the management of common property.
By Allison Benson - 7 min read
Recent case law exposes limitations in the protection of Indigenous cultural rights, prompting consideration of new drafting conventions.
By Natalie Plumstead - 2 min read
Our committees discuss court resourcing, workers compensation reforms, regulation of health providers, a Development Coordination Authority, and much more.
By The Law Society Policy and Practice Department - 2 min read
The High Court clarifies foreign state immunity in arbitral award enforcement and finds Victoria’s political donation laws constitutionally invalid.
By Tasman Ash Fleming - 1 min read
A dispute over WhatsApp messages and a draft term sheet prompts the Court to clarify when communications will attract without prejudice privilege.
By Michael Morgan - 5 min read
Abuse of process, trust interests in property settlements, litigation funding orders and the use of concurrent expert evidence.
By Craig Nicol and Keleigh Robinson - 1 min read
The Court questions the utility of a long-standing sentencing guideline judgment and clarifies the limits of consciousness of guilt reasoning at trial.
By Thomas Spohr - 1 min read