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
Treaty-based law under strain in Antarctica: future challenges for Australia
In many ways a microcosm for the international rules-based order, what does the ailing Antarctic Treaty System say about treaty-based law broadly?
By Donald Rothwell - 2 min read
Assessing capacity and managing risk: working with elderly clients
As the great wealth transfer looms, courts increasingly require solicitors to take a conservative approach in assessing testamentary capacity.
By Sophie Duffy and Baron Alder - 1 min read
Strata and community title update: big changes are on the way
Get across the key elements of the latest strata reforms for which strata lawyers should begin preparing for now.
By Allison Benson - 1 min read
Can unbundled legal services rescue family law disputes?
In a jurisdiction awash in self-represented litigants, this different approach to legal practice might be key to enhancing access to justice.
By Rose Al-Kahili, Sonya Willis and Maree Livermore - 6 min read
Stamp of approval
Section 274 of the Duties Act 1997 can be unwieldy when trusts, companies and super funds complicate the way it applies.
By Michaela Schmidt - 1 min read
The latest developments in law reform & advocacy: March 2025
Our committees discuss the nuances of claim farming, elder abuse, renewable energy zones, good character at sentencing and much more.
By The Law Society Policy and Practice Department - 1 min read
High Court: March 2025
Precedent-setting cases on the constitutional concept of punishment and the nature of property in the context of pooling orders for wound up entities. By TASMAN…
By Tasman Ash Fleming - 1 min read
Federal Court: March 2025
The Federal Court considers whether derivative disclosure amounted to waiver of privilege and cross-examination of witnesses on privileged materials.
By Joanne Shepard and Michael Morgan - 10 min read
Family law: March 2025
Decisions addressing the definition of family violence, variation of parental orders, de facto property adjustment and subpoena objections. By CRAIG NICOL and KELEIGH ROBINSON.
By Craig Nicol and Keleigh Robinson - 1 min read
Criminal law: March 2025
Useful precedent on the mental element of fraud offences and the application of mental health diversion provisions. By THOMAS SPOHR.
By Thomas Spohr - 1 min read