Trouble at the bank of mum and dad
Gift or loan? Families can be litigious when they fall out but good practice at the outset can keep it out of court.
By Anneka Frayne - 7 min read
What we can learn from the Mabo lawyers
There would be no Mabo case without the perceptive, dogged and fearless advocacy of the rights of the indigenous peoples by the Mabo lawyers. By…
By Darryl Browne - 5 min read
Personal costs orders against solicitors
Each year a number of costs orders are sought against legal practitioners personally. By PETER MORAN.
By Peter Moran - 4 min read
When is a contract binding? Court of Appeal analyses lease negotiations
A court will consider whether communications between the parties, objectively construed, indicate an intention to be immediately bound by an arrangement between them. By PAUL…
By Paul Martin - 4 min read
An emergent duty of care owed by Australia to asylum seekers?
The Minister for Immigration owed a duty of care to a refugee at Papua New Guinea by reason of the salient features listed in Stavar:…
By Stephen Tully - 7 min read
When in Rome: jumping through the hoops of The Hague Convention
A certificate of service from an overseas authority, which is in a form different from that contemplated by the UCPR, might be a sufficient basis…
By Jonathon Dooley and Heydon Wardell-Burrus - 5 min read
The Chorley exception: three strikes and out?
Solicitors acting for themselves in litigation can recover costs under the rule of practice known as the Chorley exception. By JIM JOHNSTON, MICHELLE CASTLE and…
By Jim Johnson, Michelle Castle and Andrew Bailey - 7 min read
Insolvency & incorporated law firms: lessons from Slater & Gordon’s troubles
Rights of clients are upheld by lawyers as part of their legal and ethical obligations. The incorporation of the law firm does not displace this…
By Michael Legg and Marina Nehme - 8 min read
Forging guidance on PPSA leases
The recent decision of Forge Group Power Pty Ltd (in liquidation) (receivers and managers appointed) v General Electric International Inc [2016] NSWSC 52 provides useful…
By Tim Castle and Jia Lee - 7 min read
Implications of the High Court’s decision on advocate’s immunity
Settlement advice and discussions should be documented to reduce the prospects of a successful negligence claim. By SIMONE HERBERT-LOWE.
By Simone Herbert-Lowe - 5 min read
Limitation periods for child abuse actions retrospectively abolished
Limitation periods for personal injuries damages claims arising from child abuse have been retrospectively abolished. By KERRY SMITH and ABIGAIL TILSBURY.
By Kerry Smith and Abigail Tilsbury - 3 min read