An opening for the Palace Letters; No dismissal in respect of The Dismissal
The High Court opens the door in the Palace Letters saga.
By Talitha Fishburn - 6 min read
The latest developments in law reform & advocacy: September 2020
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 - 5 min read
Choosing arbitration amid the disruption of COVID-19
Now, more than ever, alternative dispute resolution is critical to resolving civil disputes between parties and reducing the pressure on courts in NSW.
By Mark Dempsey SC, Dr Mark Brabazon SC and Brin Anniwell - 6 min read-
The new National Family Law Property Arbitration List
By Matthew Shepherd and Judge Joe Harman - 6 min read -
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Young Lawyers conference tackles big issues in animal law
A wrap-up of the latest developments and issues in animal law and welfare. By GIULIA PROSPERI-PORTA & TIMOTHY ALLEN
By Giulia Prosperi-Porta and Timothy Allen - 6 min read
Fresh insights from the Palace Letters
The Governor-General, the Chief Justice and the Palace Letters.
By Mark Tedeschi AM QC - 6 min read-
Aboriginal Australians not vulnerable to deportation
By Elisa Arcioni and Rayner Thwaites - 8 min read -
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Berry v CCL Secure: new High Court guidance on counterfactual analysis
A closer look at the recent High Court decision emphasising the importance of precise pleading of counterfactuals.
By Cynthia Cochrane and David Harris - 7 min read-
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Paying the price: sentencing for criminal cartel conduct
By Catherine Bembrick and Liana Witt - 6 min read -
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Financial regulation and a vulnerable Indigenous community
High Court gives the green light to controversial ‘book-up’ system. By TALITHA FISHBURN.
By Talitha Fishburn - 7 min read
Comparing the new fault standard in Australian & UK shareholder class actions
Temporary reforms slow opportunistic shareholder class actions during COVID-19.
By Christine Tran and Harry Edwards - 6 min read-
Compensating compulsorily acquired trade-related leases
By Andrew Beatty and Marlon Shou - 7 min read -
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The courts and the pandemic: the role and limits of technology
By Michael Legg and Anthony Song - 7 min read -
Who bears the costs in estate litigation?
A look at recent and common types of costs orders in wills and estates matters.
By Darryl Browne - 6 min read-
The costs of law: a look back at the stand-out cases of 2019
By Michelle Castle and Andrew Bailey - 7 min read -
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Police silence and Aboriginal deaths in custody
Contemporary decisions highlight concerns about police accountability and Aboriginal deaths in custody.
By Craig Longman - 8 min read-
Paying the price: sentencing for criminal cartel conduct
By Catherine Bembrick and Liana Witt - 6 min read -
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Rethinking the presumption of advancement in contemporary Australia
What we can learn from the Canadian approach to the presumption of advancement. By KRASA BOZINOVSKA
By Krasa Bozinovska - 13 min read
Employment relationships: When two’s company and three’s a crowd
The Full Federal Court highlights limitations of the employee/ independent contractor dichotomy.
By Jack de Flamingh and Chris Bell - 11 min read-
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Unconscious bias: a persistent challenge for female lawyers
By Heather Price and Errol Price - 6 min read -
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Compensating compulsorily acquired trade-related leases
A new take on the valuation of leasehold interests in resumption of land cases.
By Andrew Beatty and Marlon Shou - 7 min read
Accounting for the ‘wholesale plundering’ of a business
High Court confirms knowing participant in a breach of fiduciary duty is liable to account for any benefit gained as a result. By KATE BOYD.
By Kate Boyd - 6 min read-
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Proprietary estoppel and the risks of mixing family and business
By Madeline Bow and Lorri Field - 6 min read -
Mind your ethics: Tips and tricks for playing by the rules 2020
Mind your ethics: Tips and tricks for playing by the rules from the Law Society’s ethics lawyers.
By Paul Monaghan and Linden Barnes - 8 min read
What does it mean to be an Aboriginal child when it comes to adoption?
Recent NSWCA decision expands the definition of ‘Aboriginal child’.
By Nicholas Martin - 5 min read-
The new National Family Law Property Arbitration List
By Matthew Shepherd and Judge Joe Harman - 6 min read -
The limits of the Hague Convention in child abduction cases
By Rosa Saladino and Suzanne Christie - 5 min read -
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HIV and the law – recent developments in public health and criminal laws
In an amendment to the Public Health Act 2010, the requirement to disclose HIV status was replaced with a requirement to take ‘reasonable precautions’ to…
By Alexandra Stratigos and Melissa Woodroffe - 6 min read
Unconscious bias: a persistent challenge for female lawyers
Unconscious bias and insights about how your firm can be a positive model for change.
By Heather Price and Errol Price - 6 min read
COVID-19 impacts on immigration law and policy
What will covid-19 mean for immigration law and employers’ ability to access the skilled people they need?
By Ron Kessels - 7 min read-
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Family violence – the immigration law context
By Kathryn Viegas and Victoria Stevenson - 10 min read -
What does it mean to be an Aboriginal child when it comes to adoption?
Recent NSWCA decision expands the definition of ‘Aboriginal child’.
By Nicholas Martin - 5 min read
Honesty is the best (way to make sure you are covered under the) policy
Honesty is always the best policy. If a claim arises from a lack of honesty, professional indemnity insurance cover may be in jeopardy. By MALCOLM…
By Elissa Baxter and Malcolm Cameron - 4 min read
Paying the price: sentencing for criminal cartel conduct
Recent cases provide guidance on how courts will approach sentencing of corporations and individuals for criminal cartel conduct.
By Catherine Bembrick and Liana Witt - 6 min read-
Anti-competitive IP transactions under the spotlight
By Cynthia Cochrane and Catherine Bembrick - 6 min read -
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Content denied: ISPs ordered to block overseas piracy websites
By Anita Cade and Marlia Saunders - 7 min read -
Cruising through the Coronavirus: a journey through international law
With cruise ships in international limbo around the world, our expert investigates the tension between States’ rights and the humanitarian needs of passengers and crew.
By Dr Christopher Ward SC - 9 min read
The courts and the pandemic: the role and limits of technology
NSW courts have readily embraced technology to continue to deliver justice. However, even in a pandemic, there will be limits to the use of technology.
By Michael Legg and Anthony Song - 7 min read
Defamation reforms: Much Ado About Not Much
An opinion piece on the contentious New South Wales defamation reforms.
By Bruce McClintock SC - 6 min read
‘Going dark’: unprecedented government measures to access encrypted data
Arthur Kopsias APM examines the new laws giving law enforcement and security agencies greater powers to access your encrypted data.
By Arthur Kopsias - 9 min read
Costs in the Motor Accident Injuries Scheme: Common law costs
The second in a two-part series on costs regulation in the Motor Accident Injuries Scheme.
By Belinda Cassidy - 5 min read
Cross-examination by video in the COVID-19 context
The courts weigh in on the pros and cons of remote online cross-examination.
By Aaron Irving and Adam Zwi - 6 min read-
Adjournments and e-trials in the COVID-19 context
By Fiona Dernikovic and Marion Wright - 7 min read -
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Cyber fraud – be aware and stay alert
Simple steps you can take to protect your law practice from becoming the target of cyber fraud.
By Frances Moffitt - 3 min read
NCAT Appeal Panel taps off on the Gold Opal Card case
The end of the journey for the Gold Opal Card case. By STEPHEN MCKENZIE and EVA LU.
By Stephen McKenzie and Eva Lu - 4 min read-
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Owning your practice’s cyber security: MSPs and you
By Simone Herbert-Lowe and Gabor Szathmari - 5 min read
NSW Government sets residential developers in its sights
Get up to speed on the next instalment of NSW building reforms, set to commence on 1 September.
By Christopher Kerin and Nicholas James - 6 min read-
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Compensating compulsorily acquired trade-related leases
By Andrew Beatty and Marlon Shou - 7 min read -
Setting up an Incorporated Legal Practice under the Uniform Law in NSW
Considering setting up an Incorporated Legal Practice? Tips to avoid pitfalls that can adversely impact your professional responsibilities, set up costs & start dates.
By Frances Moffitt - 6 min read
NSW duty and land tax surcharges to impact discretionary trusts
Trustee of a discretionary trust owning NSW residential property? What you need to do before 31 Dec to receive an exemption & refund for foreign surcharges.
By Lisa To - 7 min read-
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Deceased estates duty concession: a new Revenue NSW ruling
By Dung Lam and Annelise Jeromela - 7 min read -
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10 tips for staying safe when video conferencing
With security of particular importance for lawyers, here are 10 tips for keeping your firm and your clients safe.
By Gillian Collins - 3 min read
Understanding the relationship between deceased estates and super benefits in drafting a will
Superannuation death benefits and tips for more effective will drafting.
By Noel Davis - 6 min read
Rights of injured workers expanded: knee replacements no longer subject to time limits
The Workers Compensation Commission ruled a knee replacement is an ‘artificial aid’ for the purposes of the exceptions within s 59A of the Workers Compensation…
By Peter Lleonart - 6 min read
