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 - 2 min read
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
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 assessment process has drawn well-founded criticism, but we should not pronounce it a failure without giving the experiment its best chance of success. By…
By Dr Mark Brabazon SC - 1 min read
The Ethics Committee and Department of the Law Society provides guidance on ethical issues to all practitioners. By PENNY WATERS.
By Penny Waters - 2 min read
The ability to obtain forensic material, which may be used in a case against them, runs contrary to both the traditional right against self-incrimination and,…
By Dr Anton Hughes - 1 min read
In 2013, 2 million patents were filed worldwide. US tech companies defending against patent trolls spent $29 billion in litigation costs for 5842 lawsuits in…
By Paula Natasha Chavez - 3 min read
Best practice has always been to ensure a considered definition of “consequential loss” is included in contracts where the parties are seeking to exclude or…
By Scott Alden - 3 min read
When there is uncertainty as to how super death benefits should be paid, dispute resolution or litigation generally follows. By CAROLINE HARLEY.
By Caroline Harley - 2 min read
Liquidators appointed to a landlord company can now disclaim a registered lease. This could result in tenants being treated unfairly, and precludes tenants from protecting…
By Jonathan Nathan - 2 min read
There were few occasions during my law degree in which a legal principle resonated to the extent that I retained it beyond the relevant exam….
By Lizzie McLaughlin - 1 min read
The consensus of experts is that mandatory sentencing doesn’t work. Legal practitioners know it. Researchers know it. Court administrators know it. It’s likely that at…
By Thomas Spohr - 2 min read
A buyer has no obligation to top up for GST unless it is in the contract. By JIM MAIN.
By Jim Main - 1 min read