In-house counsel duties under the spotlight: ASIC v Bekier
When known risks don’t reach the Board, the consequences for in‑house counsel and the company come into clearer focus.
By Michael Legg - 2 min read
It’s easy being green when you have model green lease clauses
The new, publically available Model Green Lease clauses aim to inspire parties to consider how to increase sustainable operations in their tenancies or buildings. By…
By Wayne Kaplan and Claire Hashman - 1 min read
The most frequent error in professional negligence cases
Though it is often (wrongly) thought to be self-evident, factual causation in pure economic loss cases is often complex. It requires at least as much…
By Greg Curtin - 2 min read
Personal property securities and a receiver’s lien: rare coins and bank notes in Re Arcabi
The case confirms what many legal advisors have expected – that businesses like those offering storage services, including businesses storing furniture for travellers, old and…
By Leigh Adams - 2 min read
The scope of a solicitor’s fiduciary duty
A fiduciary relationship does not arise merely by reason of the status of the relationship. It comes about due to what the solicitor agrees to…
By Peter Moran and Tim Seton - 2 min read
The elderly and their medical treatment: enduring guardianship and advance care directives
Many people are concerned that they should not be forced to linger on in old age or in states of advanced physical or mental decrepitude,…
By The Hon. Malcolm McLelland - 2 min read
Restorative justice and forum sentencing: a unique opportunity for both victims and offenders
Forum sentencing is a restorative justice program that operates in selected NSW Local Courts as an alternative sentencing option. By STEPHANIE WALLACE and MALINDI SAYLE.
By Stephanie Wallace and Malindi Sayle - 1 min read
Do I suggest an informal will? The Howe v Fischer appeal
The recent Court of Appeal judgment in Howe v Fischer provides new clarification regarding the obligation to provide advice on the creation of an “informal will”. By…
By Peter Moran - 2 min read
The ‘scab’ controversy adverse action and industrial action
This decision in CFMEU v BHP is notable for its fairly robust dissent in terms of the artificiality of distinguishing between the act of participating in lawful…
By Joydeep Hor - 2 min read
National security reforms stage two: foreign fighters (part two)
Three controversial counter-terrorism powers – control orders, preventative detention orders, and ASIO’s questioning and detention warrant powers – were due to expire under sunset clauses…
By Keiran Hardy and Professor George Williams - 3 min read
The new electronic contract for the sale and purchase of land: what you need to know
The Law Society and the Real Estate Institute of NSW issued the 2014 edition of the Contract for Sale and Purchase of Land on 17…
By The Law Society Policy and Practice Department - 1 min read