Law Society advocacy: August 2015

The Law Society’s Policy and Practice team brings you a wrap-up of the most important issues of the moment.

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Development of crown land reserved for public recreation

The NSW Land & Environment Court has confirmed that land can be said to be used for ‘public recreation’ only if it is open to…

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E-conveyancing – the verdict

A Q&A with one of the first solicitors in NSW to embrace the revolution in conveyancing practice. By RICHARD HARVEY and GEORGE PATRINOS.

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Rethinking the boundaries of legal personhood

The status of legal personhood grants rights and privileges to a number of living and non-living entities, but currently excludes non-human animals, which are treated…

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Aboriginal cultural heritage law: a long road to reform

Despite multiple reviews and decades of calls for change, Aboriginal cultural heritage remains in the State’s flora and fauna legislation. By NORMAN LAING and KELLYANNE…

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Proportionality in costs assessments: a new dawn?

Section 172 of the Legal Profession Uniform Law (NSW) imposes a new test for determining the fair and reasonable costs that a legal practitioner may charge a…

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No presumptions, no assumptions: ‘just and equitable’ principles in family property disputes

Since the High Court’s seminal decision in Stanford nearly three years ago, family law jurisprudence has seen ‘just and equitable’ principles applied in various ways. By IAN…

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Transparency in treaty making joint: parliamentary committee urges reform

A recent Commonwealth Parliamentary Committee inquiry found that free trade agreements intrude into many domestic policy spheres without democratic oversight and curtail Australia’s regulatory abilities….

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The risks of mixing legal and financial advice

Solicitors must be conscious of the difference between financial and legal advice and know when to advise a client of the need to obtain independent…

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New mega-tribunal reserves space for freedom of information

On 1 July 2015, the Administrative Appeals Tribunal (Cth) became a new ‘mega tribunal’ with jurisdiction over administrative review, migration and refugee appeals, social security…

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