The NSW experiment: the regulation and assessment of legal costs

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…

Ethical dilemma FAQs: August 2014

The Ethics Committee and Department of the Law Society provides guidance on ethical issues to all practitioners. By PENNY WATERS.

Forensic procedures applications: an overview

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,…

Patent trolls: what you need to know

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…

Consequential loss: it’s all in the definition

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…

Supercharging battles over superannuation death benefits

When there is uncertainty as to how super death benefits should be paid, dispute resolution or litigation generally follows. By CAROLINE HARLEY.

The grim life of tenants living in the Willmott Forest

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…

Statutory interpretation and the ordinary criminal lawyer: Gillard v the Queen

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….

Mandatory sentencing: it ought to be passed in at the law and order auction

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…

Market value and GST

A buyer has no obligation to top up for GST unless it is in the contract. By JIM MAIN.