Trouble at the bank of mum and dad
Gift or loan? Families can be litigious when they fall out but good practice at the outset can keep it out of court.
By Anneka Frayne - 7 min read
The latest developments in Law Society advocacy & law reform: September 2018
The Law Society’s Policy and Practice team brings you a wrap-up of the most important issues of the moment.
By The Law Society Policy and Practice Department - 6 min read
Righting the relic: towards effective protections for criminal record discrimination
The recent case of BE v Suncorp Group Ltd [2018] AusHRC 121 drew attention to the matter of discrimination based on an employee’s criminal record….
By Rosalind Croucher AM - 8 min read
The limitations of a modern day bag search
Employers may inspect a mobile phone where there is an express contractual right or by reasonable and lawful direction, but the bar for that is…
By Jack de Flamingh and Phillip Magness - 6 min read
Limitation periods in equity – taking an analogous approach
Limitation periods for equitable causes of action are not straightforward and require careful investigation and analysis. Consult Lawcover’s schedule. By ELISSA BAXTER and ALEX HASLAM.
By Elissa Baxter and Alex Haslam - 4 min read
Taking security for legal costs: lessons from Malouf v Constantinou
The taking of security for costs should be approached carefully, if at all, with attention to the equitable, legal and statutory duties. By MICHELLE CASTLE…
By Michelle Castle and Andrew Bailey - 6 min read
Regulators’ investigatory powers and the Harman obligation not to disclose
A recent High Court decision clarifies the Commissioner of Taxation’s power to require the production of documents, and the later use of those items. By…
By Michael Legg and Stephen Speirs - 5 min read
Singapore Convention 2018: reshaping alternate dispute resolution and enforcement
The Singapore Convention, if ratified by the UN General Assembly, will reshape international commercial agreements and ‘settlement agreements. By CRAIG CARTER.
By Craig Carter - 6 min read
Avoiding contempt of court for breach of freezing orders: it’s a matter of trust
Care is needed in drafting freezing orders – and once they are made, effective procedures are needed to ensure that they are not breached. By…
By Angus MacInnis - 6 min read
Financial abuse and forfeiture
The extension of the forfeiture rule to cases of abuse against the vulnerable and elderly, as has been done elsewhere, may deter abusive behaviour. By…
By Ruth Pollard and Darryl Browne - 6 min read
The ‘poster boy’ plaintiff and contumacious, contumelious, criminal and civil contempt
A recent liability judgment by Justice Rothman of the NSW Supreme Couris a helpful example of the Court’s approach to proceedings for contempt. By TALITHA…
By Talitha Fishburn - 5 min read