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
Defying lawyerly instinct: helping the other side
The Supreme Court of NSW recently released a guide to assist unrepresented civil litigants, entitled Representing Yourself in Civil Proceedings in the Supreme Court of New…
By Sarah Evans - 2 min read
Dangers in over-reliance on counsel
Solicitors, whatever their level of expertise, must give attention to the issues considered by counsel and not blindly accept counsel’s advice. By MATTHEW HARDING and…
By Matthew Harding and Kaveetha Kumar - 2 min read
New national study examines intoxication in criminal law
Criminal law legislation attaches significance to ‘intoxication’ in multiple ways and makes assumptions about the effects of alcohol and other drugs on mind and body….
By Dr Julia Quilter, Dr Kate Seear, Dr Luke McNamara and Professor Robin Room - 2 min read
Amending Act makes way for new negotiations over Aboriginal land agreements
A broad and flexible new provision is available to Aboriginal Land Councils and the State of NSW to negotiate Aboriginal Land Agreements (ALAs) in relation…
By Paul Bertram - 4 min read
High Court confirms: illegal acts do not automatically render a contract unenforceable
An illegal act by a party to a contract will not necessarily make the contract unenforceable. The mere fact that a party has failed to…
By Paul Martin - 2 min read
Hockey v Fairfax: who won and who lost?
The Hockey case provides a wider lesson for those contemplating bringing proceedings for defamation or defending them. It demonstrates the risk of investing substantial amounts of money…
By Patrick George - 3 min read
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.
By The Law Society Policy and Practice Department - 2 min read
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…
By Christopher Conolly and Benjamin Harris - 2 min read
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.
By Richard Harvey and George Patrinos - 1 min read
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…
By Rebekah Lam and Daniel Cung - 2 min read