Is the new Administrative Review Tribunal ‘match fit’ for the next test?
Terry Carney, a former member of the AAT who considered early robodebt decisions and advocated for reform, delivers his prognosis on the new ART.
By Terry Carney - 2 min read
The latest developments in law reform & advocacy: December 2024
The Law Society’s committees address the NSW Home Building Compensation Scheme, AI and consumer law, and more.
By The Law Society Policy and Practice Department - 1 min read
Enforcing international arbitration awards in Australia
The High Court has recently considered whether a foreign State is immune in certain proceedings before Australian courts.
By Justin Hogan-Doran - 2 min read-
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The new National Family Law Property Arbitration List
By Matthew Shepherd and Judge Joe Harman - 2 min read
‘Within the Confines’: Current issues in animal law
Lawyers and passionate animal advocates attended the recent 2022 Animal Law Conference to discuss various topics including the current legislative framework and its limitations.
By Simon Brannigan, Leanne O'Reilly and Devina Verma - 3 min read-
Animal law update: Positive changes for animals in 2021
By Giulia Prosperi-Porta and Rishika Pai - 2 min read -
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Mandatory climate reporting: ESG now a licence to do business?
New climate reporting laws are likely to impact supply chains over time and require a holistic approach to ESG requirements.
By Barbara Vrettos - 2 min read-
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A new ESG era? Deep-dive into greenwashing enforcement
By Katie Lau and Teresa Torcasio - 2 min read -
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Escalated crackdown on greenwashing: Just the beginning?
By Teresa Torcasio and Katie Lau - 2 min read
Mandatory climate reporting: ESG now a licence to do business?
New climate reporting laws are likely to impact supply chains over time and require a holistic approach to ESG requirements.
By Barbara Vrettos - 2 min read-
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Compliance risks: FAQs in the age of the coronavirus part 2
By Glenda Carry and Frances Moffitt - 2 min read -
The Voice: A constitutional and administrative law perspective
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
A new ESG era? Deep-dive into greenwashing enforcement
What trends and themes emerge from the first three greenwashing cases to be considered by the Federal Court?
By Katie Lau and Teresa Torcasio - 2 min read-
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Testing the competition: Legitimate restraints of trade
By Cynthia Cochrane SC and Alexander Vial - 2 min read -
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Retained or not retained: the NSWCA wants specifics
A recent decision finds the existence of a general retainer is not proof of engagement to act in a particular transaction.
By Daniela Faggionato and Stephanie Barclay - 1 min read-
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The Pepsi case: did the Federal Court bottle it?
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 min read -
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Mandatory climate reporting: ESG now a licence to do business?
New climate reporting laws are likely to impact supply chains over time and require a holistic approach to ESG requirements.
By Barbara Vrettos - 2 min read-
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A new ESG era? Deep-dive into greenwashing enforcement
By Katie Lau and Teresa Torcasio - 2 min read
Novel elements and practical implications of new discrimination costs model
The modified equal access model includes new concepts like ‘unreasonable act or omission’ and ‘significant power advantage’.
By Cilla Robinson and Lauren Cooper - 2 min read
Ombudsman examines Government’s COVID-19 response
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.
By Katherine Whitworth and David Wong - 2 min read
Criminal law: December 2024
The CCA considers discounts for ‘super call-over’ pleas and section 66 NSW sentencing rules for federal offenders. By THOMAS SPOHR.
By Thomas Spohr - 7 min read-
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Coming together: First Nations laws and customs in courts
By Oliver Williams and Damian Beaufils - 1 min read -
Justice Jane Paingakulam: A life less ordinary
PROFILE: Justice Jane Paingakulam, navigated an unorthodox pathway to the bench of the Industrial Relations Commission of NSW
By Francisco Silva - 18 min read
What if a liable defendant declares bankruptcy before damages are determined?
The Federal Court considers a unique fact scenario which conjures pertinent questions of law, such as what makes a judgement final?
By Tim Maybury - 1 min read
Elder law & succession: December 2024
Decisions on wrongful distribution, enduring powers of attorney, and testamentary and mental capacity. By DARRYL BROWNE.
By Darryl Browne - 1 min read
Novel elements and practical implications of new discrimination costs model
The modified equal access model includes new concepts like ‘unreasonable act or omission’ and ‘significant power advantage’.
By Cilla Robinson and Lauren Cooper - 2 min read-
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Finding redeployment: how far do employers need to go?
By Jack de Flamingh and Ruby Divola - 2 min read
Mandatory climate reporting: ESG now a licence to do business?
New climate reporting laws are likely to impact supply chains over time and require a holistic approach to ESG requirements.
By Barbara Vrettos - 2 min read-
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Characterising the public purpose for compulsory acquisitions
By Tom White and Alex Beale - 6 min read
NCAT affirms application of transfer duty to variation of trust deed
A recent NCAT decision applies the new ‘beneficial ownership’ provisions in the context of discretionary trust variation.
By Mira Brewster - 2 min read-
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Limitation periods in equity – taking an analogous approach
By Elissa Baxter and Alex Haslam - 1 min read
Justice Jane Paingakulam: A life less ordinary
PROFILE: Justice Jane Paingakulam, navigated an unorthodox pathway to the bench of the Industrial Relations Commission of NSW
By Francisco Silva - 18 min read
Family law: December 2024
Cases discussing the Stanford and Harman precedents, AI use in litigation, and consent orders with mentally disabled people. By CRAIG NICOL and KELEIGH ROBINSON.
By Craig Nicol and Keleigh Robinson - 1 min read
Medicinal cannabis: the controversy and understanding the regulatory landscape
As medicinal cannabis sales and use proliferate, practitioners should be wary of key requirements of the framework.
By Alison Choy Flannigan and Mitchell Stein - 2 min read-
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Treating Doctor Reports: retrospective mental capacity cases
By Hayley Bennett and Alisa Green - 2 min read -
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Five ingredients: the recipe for a Human Rights Act
Despite much advocacy, human rights legislation has eluded NSW. What would it take for it to get over the line?
By Simon Hendersen and Kathleen Beirne - 2 min read
The Child Protection Convention and jurisdiction of the Children’s Court
Despite fresh case law and legislative reform, international obligations still govern overseas jurisdictional issues.
By Cassandra Bennett and Kerri Phillips - 2 min read
Missing and murdered First Nations women and children inquiry findings and responses
As the dust settles on this long-anticipated report, we look at the findings and what key stakeholders think about them.
By Andrew Gay, Lauren Davies and Damian Beaufils - 1 min read-
Coming together: First Nations laws and customs in courts
By Oliver Williams and Damian Beaufils - 1 min read -
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Insurers feel the heat as COVID-19 test cases mount
A look at the insurance landscape as COVID-19 business interruption cases begin to mount in the courts.
By John Van de Poll and Stephanie Carter - 2 min read
The Pepsi case: did the Federal Court bottle it?
In its first application of nascent tax laws, the Court considers what constitutes a contractual right and the new diverted profits tax.
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 min read-
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A cautionary tale for IP settlement agreements
By Cynthia Cochrane SC and Catherine Bembrick - 2 min read -
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High Court confirms foreign entity immunity from winding up applications
Indonesia’s national airline is found immune from winding up proceedings in Australia in an interesting split judgment by the High Court.
By Pravin Aathreya and Lucy Charleston - 2 min read-
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How the Russia-Ukraine conflict will change all future wars
By Lorraine Finlay and Patrick Hooton - 9 min read -
Wild ride for NSW lawyers: new guidance on direct speech evidence
Wild v Meduri restores ‘words to the effect’ in NSW but remains at odds with federal standards for witness affidavits.
By Andrew Hack, Sonya Willis and Sylvia Fernandez - 2 min read
Is it possible to make a public interest disclosure? New lessons for practitioners
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 min read
Is it possible to make a public interest disclosure? New lessons for practitioners
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 min read
Justice Jane Paingakulam: A life less ordinary
PROFILE: Justice Jane Paingakulam, navigated an unorthodox pathway to the bench of the Industrial Relations Commission of NSW
By Francisco Silva - 18 min read-
Meatball lawyering: how duty lawyers are first responders
By Ray Nickson and Alice Neikirk - 1 min read -
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Negligence, precautions and risk of harm
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
Wild ride for NSW lawyers: new guidance on direct speech evidence
Wild v Meduri restores ‘words to the effect’ in NSW but remains at odds with federal standards for witness affidavits.
By Andrew Hack, Sonya Willis and Sylvia Fernandez - 2 min read-
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Retained or not retained: the NSWCA wants specifics
By Daniela Faggionato and Stephanie Barclay - 1 min read -
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Digital ID in your practice: a guide for firms and their clients
New national Digital ID laws will change the game for data holders and be in force by December. Are you ready?
By Simone Herbert-Lowe - 1 min read-
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Reforming the Privacy Act for the modern era
By Lorraine Finlay, Patrick Hooton and Wendy Lam - 1 min read -
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Navigating lodgment support services in electronic conveyancing
E-conveyancing tools can be tricky and a recent decision shows how PEXA misuse can lead to caveats being overlooked.
By Greg Channell - 2 min read-
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Protecting purchasers from defective building work
By Michael Osborne, Elly Ashley and Owen Kiely - 2 min read -
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Practical tips on claiming NSW Primary Production Duty Exemption
By Dung Lam and Annika Lawrie - 1 min read
Is it possible to make a public interest disclosure? New lessons for practitioners
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 min read-
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Retained or not retained: the NSWCA wants specifics
By Daniela Faggionato and Stephanie Barclay - 1 min read -
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Not all perils are in the river
After a death, murky issues – like life insurance, residency and capital gains tax – can reveal themselves in surprising and costly ways.
By Jim Main - 1 min read-
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The Pepsi case: did the Federal Court bottle it?
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 min read -
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The penalty implications of legal advice and what makes a firm ‘leading’?
A court finds legal advice from a leading firm can fully mitigate penalties for contraventions of the Corporations Act.
By Matthew Lo - 2 min read-
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Lawyers with followings: the rise of lawyer-influencers online
By Justine Rogers and Anthony Song - 1 min read -
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Building trust Part 1: Relationships with clients online
By Justine Rogers and Anthony Song - 3 min read
Elder law & succession: December 2024
Decisions on wrongful distribution, enduring powers of attorney, and testamentary and mental capacity. By DARRYL BROWNE.
By Darryl Browne - 1 min read
Duty of care to comply with work, health and safety requirements
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
