Terry Carney, a former member of the AAT who considered early robodebt decisions and advocated for reform, delivers his prognosis on the new ART.Professor Terry…
By Terry Carney - 2 min read
The Law Society committees discuss family law amendments, scams prevention, superannuation death benefit complaints and more.Key developments Family Law Amendment Bill 2024 Draft Model Operating…
By The Law Society Policy and Practice Department - 2 min read
The High Court has recently considered whether a foreign State is immune in certain proceedings before Australian courts.Snapshot The High Court has confirmed that foreign…
By Justin Hogan-Doran - 2 min read
Lawyers and passionate animal advocates attended the recent 2022 Animal Law Conference to discuss various topics including the current legislative framework and its limitations.Snapshot The…
By Simon Brannigan, Leanne O'Reilly and Devina Verma - 3 min read
As disasters of immense scale proliferate, the composite legal response is forming into an emergent and distinct area of practice.Snapshot Disasters, both man-made and natural,…
By Professor Lee Godden - 1 min read
Recent tax reforms drastically increase penalties and broadens the scope of what is considered promoting tax exploitation.Snapshot In the wake of the PwC controversy, recent…
By Angelina Lagana, Simon Mifsud, Craig Boyle and Codey Swadling - 2 min read
As Australia prepares to vote on the Voice, University of Sydney Law School experts examine constitutional and administrative law issues raised in relation to the…
By Elisa Arcioni and Andrew Edgar - 2 min read
What trends and themes emerge from the first three greenwashing cases to be considered by the Federal Court?Snapshot 2024 has been a pivotal year in…
By Katie Lau and Teresa Torcasio - 2 min read
A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.Snapshot A solicitor’s retainer is…
By Daniela Faggionato and Stephanie Barclay - 1 min read
A court finds legal advice from a leading firm can fully mitigate penalties for contraventions of the Corporations Act.Snapshot A recent Federal Court decision found a…
By Matthew Lo - 2 min read
Following the NSW Supreme Court decision in Dive Lawyers, it appears law practices can now recover costs outside the 12 month limitation period.Snapshot Until June…
By Charlotte Morson - 1 min read
Expedited lawmaking processes were used to respond to the COVID-19 pandemic. The NSW Ombudsman reports on the Government’s response and the importance of external oversight.Snapshot…
By Katherine Whitworth and David Wong - 2 min read
Criminal cases exploring sentencing by reference to a ranges of seriousness, and discounts involving mandatory minimum sentences. By THOMAS SPOHR.Key decisions Dorsett v R [2024]…
By Thomas Spohr - 1 min read
New national Digital ID laws will change the game for data holders and be in force by December. Are you ready?Snapshot The Australian government’s Digital…
By Simone Herbert-Lowe - 1 min read
The Federal Court considers a unique fact scenario which conjures pertinent questions of law, such as what makes a judgement final?Snapshot Is a defamation claim…
By Tim Maybury - 1 min read
Decisions on severance by divorce, the essential validity of a will, payment of estate debts, and informal wills and costs. By DARRYL BROWNE.Key decisions Re…
By Darryl Browne - 2 min read
The NSWSC has distinguished ‘occupation’ from ‘job’ and the former is to be determined by a range of factors.Snapshot The meaning of the word ‘occupation’…
By Jeremy Harrison - 1 min read
As disasters of immense scale proliferate, the composite legal response is forming into an emergent and distinct area of practice.Snapshot Disasters, both man-made and natural,…
By Professor Lee Godden - 1 min read
A recent NCAT decision applies the new ‘beneficial ownership’ provisions in the context of discretionary trust variation.Snapshot A recent NCAT decision was the first to…
By Mira Brewster - 2 min read
Let the Law Society’s ethics lawyers guide you through the ethical mind field of legal practice TOPICS (Click on the topic) Q: Do I need…
By Paul Monaghan and Linden Barnes - 2 min read
Cases discussing discrete hearings, what constitutes a de facto relationship, and financial agreements before marriage. By CRAIG NICOL and KELEIGH ROBINSON.Key decisions Sacco & Allan (No…
By Craig Nicol and Keleigh Robinson - 1 min read
Taking a closer look at mental illness as a basis to rescind a contract for the sale of land.Snapshot Since Brennan v O’Meara [2009] NSWSC…
By Anneka Frayne and Talitha Fishburn - 4 min read
A recent NSW Civil and Administrative Tribunal decision considered disability discrimination in connection with home assisted education during the Covid-19 pandemic.Snapshot A recent NSW Civil…
By Ben Fogarty - 2 min read
Despite fresh case law and legislative reform, international obligations still govern overseas jurisdictional issues.Snapshot While recent amendments extend the jurisdiction of the Children’s Court to…
By Cassandra Bennett and Kerri Phillips - 2 min read
As the dust settles on this long-anticipated report, we look at the findings and what key stakeholders think about them. Snapshot The Senate Legal and Constitutional…
By Andrew Gay, Lauren Davies and Damian Beaufils - 1 min read
A look at the insurance landscape as COVID-19 business interruption cases begin to mount in the courts.Snapshot On 25 June 2021, the High Court of…
By John Van de Poll and Stephanie Carter - 2 min read
In its first application of nascent tax laws, the Court considers what constitutes a contractual right and the new diverted profits tax.Snapshot The first application…
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 min read
Indonesia’s national airline is found immune from winding up proceedings in Australia in an interesting split judgment by the High Court.Snapshot The High Court of…
By Pravin Aathreya and Lucy Charleston - 2 min read
There’s much ado about suppression orders at the moment. Lee J reminds practice on the inherent publicity risks in litigation.Snapshot In a recent Federal Court…
By Jason Polese - 1 min read
The Federal Court considers the Lehrmann case and whether suppressed torture training material is in the public domain. By VINCCI CHAN and JOANNE SHEPARD.Key decisions…
By Vincci Chan and Joanne Shepard - 10 min read
Arthur Kopsias APM examines the new laws giving law enforcement and security agencies greater powers to access your encrypted data.Snapshot The Telecommunications and Other Legislation…
By Arthur Kopsias - 11 min read
New research urges us to rethink what it means to be a duty lawyer and suggests this could address many issues in criminal justice.Snapshot In…
By Ray Nickson and Alice Neikirk - 1 min read
Recent Court of Appeal decision confirms that strict principles apply when determining whether a defendant’s conduct was negligent and whether the conduct caused the plaintiff’s…
By Rita Yousef - 2 min read
A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.Snapshot A solicitor’s retainer is…
By Daniela Faggionato and Stephanie Barclay - 1 min read
New national Digital ID laws will change the game for data holders and be in force by December. Are you ready?Snapshot The Australian government’s Digital…
By Simone Herbert-Lowe - 1 min read
Following some simple steps in how you respond to a nuisance can mitigate the likelihood of it going to court.Snapshot From pets to parties and…
By Allison Benson and Andrew Fairfield - 2 min read
A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.Snapshot A solicitor’s retainer is…
By Daniela Faggionato and Stephanie Barclay - 1 min read
Recent tax reforms drastically increase penalties and broadens the scope of what is considered promoting tax exploitation.Snapshot In the wake of the PwC controversy, recent…
By Angelina Lagana, Simon Mifsud, Craig Boyle and Codey Swadling - 2 min read
A court finds legal advice from a leading firm can fully mitigate penalties for contraventions of the Corporations Act.Snapshot A recent Federal Court decision found a…
By Matthew Lo - 2 min read
Decisions on severance by divorce, the essential validity of a will, payment of estate debts, and informal wills and costs. By DARRYL BROWNE.Key decisions Re…
By Darryl Browne - 2 min read
Recent District Court decision examines the primary duties of an organisation and PCBU pursuant to work health and safety legislation. Penalties will increase from 1…
By Michael Selinger and Chloe Hamer - 2 min read
