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
Precedent-setting cases on group costs orders as a rationale for transferring proceedings, native title extinguishment and unlawful detention.
By Tasman Ash Fleming - 1 min read
The Federal Court considers when a court can inspect allegedly privileged documents and the definition of ‘workplace law’ in the Fair Work Act 2009.
By Paris Hart - 10 min read
Decisions on business valuation, seeking unpaid entitlements from third parties, parenting orders and commercial surrogacy, and parental fixation on gender affirmation.
By Craig Nicol and Keleigh Robinson - 1 min read
Precedent on guilty plea discounts when they are not originally accepted, and balancing reduced moral culpability and general deterrence in sentencing.
By Thomas Spohr - 1 min read
Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.
By Darryl Browne - 2 min read
As we increasingly see working from home as a right, the question begs: to what extent are we entitled to flexible working arrangements?
By Giuseppe Carabetta and Samantha Hinderling - 2 min read
Recent case law entrenches counterfactual reasoning in assessing compensatory damages for false imprisonment and raises serious human rights questions.
By Christopher Croese - 2 min read
After a decade of stalling policy, digital assets still lack bespoke legislation while ASIC’s test litigation provides some useful guidance.
By Aaron M. Lane - 2 min read
Negotiating with acquiring authorities can be a minefield for dispossessed landowners as ambiguity over section 10A of the Just Terms Act pervades.
By Timothy Allen and Barisha Tashnin - 2 min read
What does exponentially capable AI mean for the future of law? This revolution prompts deep questions about the human element of justice.
By Laina Chan - 2 min read