Judicial scepticism, fractured reasoning and shifting tests marked 2025, leaving the implied freedom’s coherence and future direction in question.
By Dr Jemimah Roberts - 1 min read
Rukhadze underscores the strictness of fiduciary accountability and signals little appetite for reform in either the UK or Australia.
By Theresa Power - 2 min read
The rise of conduct‑based disclaimers shows why executors must document communications carefully and why wills require explicit provisions.
By Mary-Ann de Mestre - 1 min read
Key rulings highlight elder abuse risks, statutory will complexities, appropriation powers and judicial willingness to impose personal costs or contempt findings.
By Darryl Browne - 2 min read
BQ v The King demonstrates an expanding scope for counterintuitive evidence and clarifies how expert context guides juries without straying into vouching.
By Dr Ian Freckelton AO KC - 2 min read
It’s not just about wills—it’s a centuries-old mix of canon, common law and equity. Understanding its roots reveals its logic and trajectory.
By Professor Prue Vines - 2 min read
Child representation has evolved from a duty roster to specialised practice. What does it take to work as an ICL today?
By Kerri Phillips and Katie Kelso - 8 min read
Can incorporated practices claim costs for their own lawyers? Two recent cases test the limits and raise further questions.
By Matthew Lo and Mary Tabaco - 2 min read
ACL damages restore the counterfactual position and are not limited to diminution in property value, but when is rectification unreasonable?
By Andrew Bailey - 1 min read
In a stark warning to solicitors, R Lawyers v Mr Daily explores the consequences of general and ambiguous template advice.
By Jen McMillan - 2 min read
From Crosby to YBL Trust, there is conflicting case law on whether ranges of figures can ever comply with the Legal Profession Uniform Law.
By Marina Dulhunty - 2 min read
Our committees discuss litigants in person, the Disability Discrimination Act 1992, climate change licensee requirements and mandatory disease testing.
By The Law Society Policy and Practice Department - 1 min read
Precedent-setting rulings on cultural heritage forfeiture and whether surveillance evidence legislation is unconstitutional.
By Tasman Ash Fleming - 1 min read