Prospects of success: the dangers of overstating

Lawyers should not advise that a client has good prospects of success in litigation without considering the measure of damages if the client succeeds. By…

Boats, people and policies: the legal issues facing asylum seekers

Australia is the only country to assess refugee protection based on mode of arrival. The past nine months has seen at least seven significant legislative…

Home building amendments: what you need to know

The Home Building Amendment Act 2014 makes substantial changes to some parts of the Home Building Act 1989. By DANIEL RUSSELL and KATHERINE FLYNN.

Commenced: Trans-Tasman Proceedings Act 2010

The difficulties in conducting litigation across the Tasman Sea have been significantly diminished by the introduction of new federal legislation. On 11 October 2013, the Trans-Tasman…

Minors with money: court-authorised wills under the Succession Act

Wills made by minors are generally invalid, but the courts have started to use a new jurisdiction to authorise minors to make wills. By RICHARD…

Liquidator’s liens: the principle in universal distributing considered

The issue in Stewart v Atco Controls Pty Ltd (in Liquidation) [2014] HCA 15 (7 May 2014) was whether a liquidator was entitled to an equitable lien…

Post-separation parenting: fair playing field or fundamental feminist agenda?

Parents of both genders can appear to treat children as objects to be passed between them. They need to shift their focus to what the…

Australian-Japan trade agreement signifies new phase in bilateral relations

The agreement will allow Japanese customers direct access to services provided by Australian entities in the legal, financial and telecommunications sectors. By DEANNA CONSTABLE, TIM…

Workplace bullying: are Stop Bullying Orders really the answer?

Where stop bullying orders operate to outlaw any interaction, it is difficult to see how that working relationship can ever be “normal”. By AMBER SHARP.

The Bail Act 2013: what you need to know

The NSW Law Reform Commission has reviewed and reported on bail reform. The recommendations form the basis of many of the changes brought about by…