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
An expert analysis of the High Court decision which is relevant to the wider conversation about the appropriate accountability of federal court judges.
By Professor Gabrielle Appleby - 2 min read
A divided High Court has handed down a controversial decision that touches on fundamental principles in trust law and creates practical issues.
By Matthew Whittle, Matthew McCarthy and Harrison Main - 2 min read
The question of whether law firms can recover costs for employed solicitors representing them has been settled, but several new questions abound.
By Matthew Lo and Sora Beebar - 2 min read
Commonwealth v Yunupingu has exploded native title doctrine. Understand the context and reasoning behind the watershed decision.
By Tony Denholder and William Simons - 2 min read
Understand the important elements of the new regime and how lawyers can ensure compliance and manage climate risks.
By Ilona Millar and Lily Morton - 2 min read
Generative AI has raised the ire of some, but not all, common law jurisdictions. What can we learn from their respective policies?
By Senior Commissioner Susan Dixon - 1 min read
State appellant courts do not always have jurisdiction to hear appeals from their own supreme courts.
By Stephanie Barclay and Natalie Sullivan - 1 min read
Our committees discuss restrictive practices, ADVOs, WHS regulations, the Commonwealth Data Retention Review and more.
By The Law Society Policy and Practice Department - 2 min read
Precedent-setting cases on fiduciary duties for successor trustees, equitable estoppel and judicial immunity.
By Tasman Ash Fleming - 1 min read
The Federal Court considers special circumstances against Anshun estoppel and public interest waiver in visa decisions.
By Dr David J. Townsend and Paris Hart - 12 min read