ASIC v Bekier: red flags, risk and directors’ duties
A stark warning on ignored warning signs, silence and personal exposure for executives, lawyers and boards.
By Ben Sewell - 2 min read
The latest developments in law reform & advocacy: April 2025
Our committees discuss restrictive practices, ADVOs, WHS regulations, the Commonwealth Data Retention Review and more.
By The Law Society Policy and Practice Department - 2 min read
High Court: April 2025
Precedent-setting cases on fiduciary duties for successor trustees, equitable estoppel and judicial immunity.
By Tasman Ash Fleming - 1 min read
Federal Court: April 2025
The Federal Court considers special circumstances against Anshun estoppel and public interest waiver in visa decisions.
By Dr David J. Townsend and Paris Hart - 12 min read
Family law: April 2025
Decisions addressing parenting applications involving artificial conception, non-disclosure of assets and apprehended bias.
By Craig Nicol and Keleigh Robinson - 1 min read
Criminal law: April 2025
Useful precedent on rounding sentences with mandatory discounts and whether an offender’s own child abuse reduces moral culpability.
By Thomas Spohr - 1 min read
Elder law & succession: April 2025
Cases on elder financial abuse, the essential validity of wills and transfers, and portable life interests.
By Darryl Browne - 1 min read
Who to sue? Identity and whereabouts of a defendant
Potential defendants can be tricky to identify and locate. Andrew Bulley discusses the five key elements to preliminary discovery applications.
By Andrew Bulley - 1 min read
Landmark High Court ruling confirms increased exposure for employers
Damages for psychiatric injuries arising from a breach of an employment contract are now available and policies can be incorporated into contracts.
By Jack de Flamingh and Keti Bull - 2 min read
A balancing act: costs in public interest litigation
Recent cases highlight the dynamic relevance of public interest in costs decisions. How do courts balance access to justice with the adversarial tradition?
By Thomas Bagley - 2 min read
Undue influence after Bosschieter v Howitt: can the remedy be simplified?
Courts are increasingly willing to step outside the traditional presumptive relationships of influence following recent adoption of UK case law.
By Mary-Ann de Mestre - 1 min read