Fair Work Act will soon provide a ‘right to disconnect’
The right to disconnect has received media attention as the trend of work extending into personal life is seen as an increasingly important issue.
By Paul Moorhouse - 7 min read
When a covenant is really an easement: lessons from RG v JEA Holdings
In Registrar General v Jea Holdings, the Court of Appeal found an easement was validly created even though it was recorded as a covenant only on…
By Kye Tran-Tsai and Joseph Sampson - 3 min read
Practising under the uniform law: your questions answered – November 2015
Transfer of a practice. By GLENDA CARRY.
By Glenda Carry - 3 min read
Tougher NSW child protection laws set to better reflect community expectations
A raft of changes to NSW child protection laws will come into effect on 2 November under the Child Protection Legislation Amendment Act 2015. By…
By Sharminie Niles - 6 min read
Costs assessments: recent cases in the Court of Appeal
Separate certificates of determination should be issued by a costs assessor in respect of each costs order but failure to raise the issue may be…
By Michelle Castle and Andrew Bailey - 6 min read
The tangled web of granny flat arrangements
A parent and child co-habiting with the intermixing of financial and proprietary interests is fraught with difficulties. By RICHARD McCULLAGH.
By Richard McCullagh - 6 min read
The Cape Town Convention and the Personal Property Securities Register
Australia became a party to The Cape Town Convention which came into effect on 1 September 2015. The Convention is designed to facilitate aircraft financing…
By Blake O'Neill - 6 min read
Certifiers’ powers revisited
Two recent decisions in the Court of Appeal have curtailed the grounds on which certificates can be set aside in judicial review proceedings. By JOSIE…
By Josie Walker - 5 min read
Litigation funding revisited: all for one, one for all?
In Blairgowrie Trading Ltd v Allco Finance Group Ltd, the Federal Court rejected a ‘common fund’ application brought shortly after the commencement of proceedings that sought…
By Anthony Lo Surdo SC - 6 min read
The role and duties of lawyers assisting public inquiries: part two
Within the advisory role of counsel assisting a public inquiry, there are occasions where a more proactive or ‘lateral thinking’ approach to the development of…
By Ian Harvey - 6 min read
Proportionality and purposive constitutional powers
The principle of proportionality operates as a constraint on a purposive head of constitutional power. By STEPHEN TULLY.
By Stephen Tully - 3 min read