Expanded statutory protections may shield the Government from liability for loss it knowingly causes, raising questions about the limits of ‘good faith’.
By Ballanda Sack and Marlon Shou - 1 min read
The Committees considered updates to online hearing principles and sentencing law reform, including proposed limits on good character evidence and the preservation of judicial discretion.
By The Law Society Policy and Practice Department - 1 min read
A structured three-step methodology for quantifying the value of litigation, enabling you to give precise advice on settlement decisions.
By Hugh Stowe - 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.
By Simon Brannigan, Leanne O'Reilly and Devina Verma - 3 min read
How reasonable grounds, uncertainty and audience shape the assessment of climate‑related commitments.
By Peta Stevenson, Tamara Hunter, Emma Newnham and Madelyn Attwood - 2 min read
With Australia’s new merger regime mere months away, make sure you understand how its key features and pitfalls will affect your practice.
By Jacqueline Downes - 2 min read
The Court revisited the Kable doctrine and struck down an ancient law, highlighting the cost of legislative inertia and delayed statutory reform.
By Gad Coffie - 2 min read
ACL damages restore the counterfactual position and are not limited to diminution in property value, but when is rectification unreasonable?
By Andrew Bailey - 1 min read
When is repayment not really repayment? And can accepting money preserve a breach? Shao forces practitioners, and the courts, back to first principles.
By John Gooley - 2 min read
When known risks don’t reach the Board, the consequences for in‑house counsel and the company come into clearer focus.
By Michael Legg - 2 min read
Can incorporated practices claim costs for their own lawyers? Two recent cases test the limits and raise further questions.
By Matthew Lo and Mary Tabaco - 2 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.
By Katherine Whitworth and David Wong - 2 min read
Recent NSWCCA decisions consider section 58 of the Crimes (Sentencing Procedure) Act 1999 and reaffirm that ‘special circumstances’ are neither rare nor exceptional.
By Thomas Spohr - 1 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
By Darryl Browne - 2 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
Expanded statutory protections may shield the Government from liability for loss it knowingly causes, raising questions about the limits of ‘good faith’.
By Ballanda Sack and Marlon Shou - 1 min read
When is repayment not really repayment? And can accepting money preserve a breach? Shao forces practitioners, and the courts, back to first principles.
By John Gooley - 2 min read
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
The latest cases consider an appeal against sentence for aid and abet child abduction, kinship care and unacceptable risk, contributions assessment and apprehended bias.
By Craig Nicol and Keleigh Robinson - 1 min read
Delayed diagnosis leaves families unprepared for legal decisions, highlighting the need for structured guidance on planning, supports and capacity.
By Professor Nola Ries and Associate Professor Fiona Kumfor - 1 min read
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
The Judiciary and Parliament continue to clash on the latter’s power to punish which is vested exclusively with the courts.
By Emily Hammond - 2 min read
The first native title compensation case arising from mining activity provides guidance on valuing economic and cultural loss under the Timber Creek framework.
By Tony Denholder, William Simons and Leonie Flynn - 2 min read
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
In ruling against the ATO, the High Court stressed a few key points that hint at how diverted profits and royalty withholding tax should be…
By Hugh Paynter, Ryan Leslie, Toby Eggleston and Naison Seery - 2 min read
A seismic judgment finds Trump’s ‘Liberation Day’ unlawful, highlighting his constitutional limits and foreshadowing future challenges in international trade law.
By Dr Jemimah Roberts and Dr Catherine Gascoigne - 2 min read
The meaning of ‘reasonable supervision’ and the limits of delegating responsibility to junior lawyers in practice.
By Glenda Carry - 1 min read
A close analysis of how public interest considerations must be proven, not presumed, when NSW government agencies resist disclosure.
By Bianca Gallifuoco and Sonia Patel - 2 min read
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 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.
By Ray Nickson and Alice Neikirk - 1 min read
How a knowing failure to read mandatory material was enough to satisfy the demanding mental element of the notoriously difficult-to-prove tort.
By Ellen Rock - 2 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
How the ‘permitted general situation’ exception was applied using the framework of suitability, alternatives and proportionality.
By Sarah Sacher - 2 min read
Incentives for conservation and restoration on private land through a new national biodiversity market.
By Sarah Brugler, Benjamin J. Richardson and James Fitzsimons - 1 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
A cautionary example illustrating how contingent obligations can quickly become costly tax exposures.
By Michaela Schmidt - 1 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
How presumptions, suspicious circumstances and evidentiary burdens shape challenges to wills in practice.
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
