‘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.

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High Court provides guidance on class action waiver clauses

Recent High Court decision has confirmed that a class action waiver clause in the Ruby Princess class action was an unfair term under the ACL.

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The enforceability of clawback provisions

The NSW Supreme Court has affirmed Queensland precedent making clawback provisions in lease agreements largely unenforceable.

By - 7 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 and - 6 min read

From panic to policy: the state of criminal law reform

Criminal law policy is being made in a more haphazard and less effective manner than before. This article is an attempt to examine why.

By - 9 min read

Elder law & succession: June 2024

Recent decisions involving informal wills, elder financial abuse and proprietary estoppel. By DARRYL BROWNE.

By - 10 min read

Fair Work Act will soon provide a ‘right to disconnect’

The right to disconnect has received media attention as the trend of work extending into personal life is seen as an increasingly important issue.

By - 7 min read

Trust matters: Reviewing resulting trusts

Recent High Court decision considers resulting trusts. Lawyers should be mindful that a property’s legal title may not reflect its beneficial ownership.

By - 7 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 and - 7 min read

Flexible home learning and disability discrimination

A recent NSW Civil and Administrative Tribunal decision considered disability discrimination in connection with home assisted education during the Covid-19 pandemic.

By - 7 min read

AI cannot be an inventor: Thaler litigation update

Issues raised by the litigation run deeper than technical issues of IP, and challenge our understanding of concepts such as the nature of personhood and…

By - 9 min read

Federal Court: May 2024

The Federal Court considers the Lehrmann case and whether suppressed torture training material is in the public domain. By VINCCI CHAN and JOANNE SHEPARD.

By and - 9 min read

From panic to policy: the state of criminal law reform

Criminal law policy is being made in a more haphazard and less effective manner than before. This article is an attempt to examine why.

By - 9 min read

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 - 7 min read

Writing it right: communicating correctly with courts

Whilst courts were forgiving during the COVID-19 period, recently, judges have felt compelled to remind solicitors of their expectations.

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Reforming the Privacy Act for the modern era

Following the review of the Privacy Act, key reforms have been proposed to bring the Act into the digital age and minimise human rights risks.

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The not-so-ordinary meaning of ‘ordinarily resident’

Jen McMillan unpacks the Court’s narrow interpretation of ‘ordinarily resident’ and provides valuable practice notes and updates on residential land purchasing.

By - 3 min read

Busy bees

Beekeeping can sting you in ways you don’t expect. This case study shows the hidden tax pitfalls of diving into your retirement hobby farm.

By - 3 min read

To act or not to act? That is the question

Recent cases and reform show the importance of deciding whether or not to act for a client, especially for probate solicitors.

By and - 8 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 and - 8 min read