Representing co-offenders: fraught with danger, but not forbidden
The High Court tackles a recurring dilemma in criminal practice: when can one lawyer safely represent two clients facing sentence together?
By Thomas Spohr - 1 min read
Federal Court: August 2026
When will misfeasance in public office pleadings withstand scrutiny, and what makes legal advice the dominant purpose of a corporate investigation?
By Hugo Wilesmith and Talitha Fishburn - 13 min read
Family law: August 2026
Key family law developments address disputed assets, challenges to consent orders, business valuation evidence and the welfare of a surrogate-born child.
By Craig Nicol and Keleigh Robinson - 1 min read
Criminal law: August 2026
The CCA discusses how childhood deprivation, youth and immaturity affect moral culpability, and the need for a nuanced approach to sentencing.
By Thomas Spohr - 1 min read
Elder law & succession: August 2026
Cases highlighting the complexities of identifying beneficiaries, construing wills and distributing superannuation death benefits among competing claimants.
By Darryl Browne - 2 min read
The transformation and expansion of racial hatred laws
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
Force majeure and frustration in 2026: the contracts written for the last crisis
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
The privacy obligation lawyers didn’t see coming
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
When is an arbitration clause not an arbitration clause? A look beyond the wordsmithing
A recent decision highlights how poorly drafted dispute resolution clauses can undermine arbitration rights and leave parties litigating instead.
By Justin Hogan-Doran - 2 min read
The minefield of estimating legal costs: recent cases on strict compliance
A growing body of case law highlights the risks of inadequate costs estimates, from void costs agreements and assessments to findings of misleading conduct.
By Marina Dulhunty - 1 min read
The Professional Standards Scheme under the spotlight: lessons from recent cases
While the Scheme can limit liability, recent cases reveal important exceptions and potential conflicts with professional indemnity insurance.
By Baron Alder and Milica Vukancic - 1 min read