Death benefit dilemmas: trustee discretion and AFCA’s approach to law and fact
Recent cases demonstrating how AFCA re‑weighs evidence, wishes and dependency with less formal fact-finding processes.
By Darryl Browne - 1 min read
The reasoning and implications behind the US Supreme Court’s landmark tariff ruling
A seismic judgment finds Trump’s ‘Liberation Day’ unlawful, highlighting his constitutional limits and foreshadowing future challenges in international trade law.
By Dr Jemimah Roberts and Dr Catherine Gascoigne - 2 min read
Death benefit dilemmas: formal and essential validity and effectiveness
A review of recent AFCA decisions clarifying how trustees test nominations, identify dependants and exercise discretion when no effective nomination exists.
By Darryl Browne - 1 min read
Double operation of contractual terms and accepting discharge without waiving breach
When is repayment not really repayment? And can accepting money preserve a breach? Shao forces practitioners, and the courts, back to first principles.
By John Gooley - 2 min read
The new standard form contract for sale and purchase of land: everything you need to know
An expert breakdown of the amendments to NSW’s standard form contract, and the case law and legislation that has led to it.
By Tony Cahill and Diane Skapinker - 1 min read
Back on track: High Court clarifies test for private nuisance in light rail case
When does ordinary construction become unlawful interference? The High Court’s return to Bamford offers a sharper rule for practitioners confronting nuisance claims.
By Lucas Shipway - 1 min read
Increased institutional exposure: High Court imposes non-delegable duty of care on religious institution
The judgment marks a pivotal expansion of institutional accountability, clarifying when non‑delegable duties arise and how foreseeability operates in child abuse cases.
By Christien Corns, Sam Rappensberg and David Knibbs - 2 min read
The strata times; they are a changing (again)
More changes, tighter rules—what do the 2026 reforms mean for schemes, managers and owners navigating an already complex statutory regime?
By Allison Benson - 2 min read
An eConveyancing interoperability reality check
If outages can stop the entire system, what exactly does interoperability solve? ARNECC reports point to limits policymakers must now confront.
By Greg Channell - 1 min read
The latest developments in law reform & advocacy: March 2026
Should slogans be banned? Should hate groups be designated? Should surrogacy be nationally regulated? The Law Society’s various committees weigh in.
By The Law Society Policy and Practice Department - 1 min read
High Court: March 2026
Precedent-setting rulings clarify the limits of Commonwealth acquisition powers and confirm statutory regimes can wholly exclude common law restitutionary claims.
By Tasman Ash Fleming - 1 min read