Administrative

Three robots use laptops

Bringing robo-debts before the law: why it’s time to right a legal wrong

The Government’s robo-debt scheme is still operating without legal foundation and it’s time we took a stand, argues former AAT Member, PROFESSOR TERRY CARNEY.    

Advocacy and law reform

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The latest developments in law reform & advocacy: September 2019

The Law Society’s Policy and Practice team brings you a wrap-up of the most important issues of the moment.

Alternative Dispute Resolution (ADR)

ADR Legal Updates

Family arbitration: What it is and how to use it

With the family law system in crisis JUDGE JOE HARMAN of the Federal Circuit Court discusses family arbitration and why it is a good option.

Animal law

make up being put ona rabbit

Growing public awareness of animal cruelty leads to stronger protections

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Addressing the true cost of your make-up. With growing public consciousness about animal rights, our laws are starting to change. By GIULIA PROSPERI-PORTA and RISHIKA…

Constitutional law

Can we come home now? Temporary Exclusion Orders Act raises serious constitutional concerns

PROFESSOR HELEN IRVING considers the prospect of a High Court challenge to the latest controversial counter terrorism laws.

Consumer law

Small blocks of wood representing identical shops

Time to play fair: franchising industry faces growing scrutiny

Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNES

Contracts

Red dirt road to Bourke, NSW

Financial regulation and a vulnerable Indigenous community

High Court gives the green light to controversial ‘book-up’ system. By TALITHA FISHBURN.

Corporate and Commercial

Small blocks of wood representing identical shops

Time to play fair: franchising industry faces growing scrutiny

Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNES

Costs

Chorley abolished! High Court has final say

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Self-represented legal practitioners can no longer recover costs for time spent on litigation. MICHELLE CASTLE and ANDREW BAILEY explain.

Criminal law

Lady Justice with scales

The journalist, the warrant and the gatekeeper: is it time for more oversight?

In light of the recent federal police raids on journalists, BRADLEY DEAN considers whether it’s time to reassess the powers to grant search warrants.

Elder law

Distressed senior looking at bills on desk

In the fight against elder abuse, is it time to revisit the notional estate?

In the national effort to combat elder abuse, is it time to revisit the notional estate? By JOHN CLARKE

Employment law

Public servants all atwitter: High Court has its say on “free speech”

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What employers and employees can learn from the much-hyped Comcare v Banerji judgment. By JACK DE FLAMINGH and DANIEL ARGYRIS.  

Environmental and Planning

What you didn’t know about the landmark Rocky Hill judgment

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The significance of the landmark Rocky Hill judgment – beyond climate change. By JOHN WATTS, KEN EVELEIGH., MICHAEL MANIKAS AND JEFF KITE.

Equity and Trusts

High Court of Australia

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.

Family law

Two women sitting on the couch holding a child

What does it mean to be a parent? High Court delivers clarity in sperm donor case

Can a sperm donor be a legal parent ? Our expert, DR FELICITY BELL, takes a closer look at the High Court’s landmark decision.

Health law

The figure of a person is looking for a way out of the maze,

HIV and the law – recent developments in public health and criminal laws

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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…

Human rights

Freedom of religion and speech: it’s time for change

AHRC President ROSALIND CROUCHER ventures beyond the headlines to explore how our rights & freedoms can be protected in a more positive and enduring way.

Immigration

Stamps in a passport

Shifting goalposts in Australia’s skilled migration program

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On April 2017, the Government announced a major skilled migration reform implementation process that would start immediately and conclude in March 2018 when the subclass…

Indigenous issues

What you didn’t know about the landmark Rocky Hill judgment

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The significance of the landmark Rocky Hill judgment – beyond climate change. By JOHN WATTS, KEN EVELEIGH., MICHAEL MANIKAS AND JEFF KITE.

Insurance

Man wearing mask

Honesty is the best (way to make sure you are covered under the) policy

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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…

Intellectual Property (IP)

Repeal of IP exemption sees companies racing to review contracts

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Changes to competition law repeal IP exemption – now is the time to review IP contracts. By BIANCA BREAKSPEAR, JAKE GRANT, PAUL MCLAUGHLAN and HANNAH…

International law

2018 Timor Sea Treaty: a new dawn in relations between Australia and Timor-Leste?

The Timor Sea Treaty establishes a permanent maritime boundary in the Timor Sea, replacing previous joint petroleum development arrangements. By PROFESSOR DONALD R ROTHWELL.

Litigation

Paradise Lost: Glencore loses High Court bid to extend legal professional privilege

Massive data breach leads the High Court to consider novel arguments on legal professional privilege in Glencore decision. By TALITHA FISHBURN.

Media law

Fingers typing on a keyboard

We are all publishers now: ignoring online comments no longer an option

Voller judgment makes it clear that businesses can no longer afford to ignore online comments. By ANGUS MACINNIS

National security

A digital world globe showing the Americas.

‘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.

Personal Injury (PI)

Overhead View Of Injured Man With Bandage Hand Filling Insurance Claim Form On Clipboard

The ‘relevant insurer’ in the Motor Accident Injuries Act

Want to know more about the Motor Accident Injuries Act? BELINDA CASSIDY addresses some common areas of confusion in a new series of articles.

Practice and procedure

man writing at desk

Ethics must be part of your trust account’s DNA

Regulatory and compliance solicitor, FRANCES MOFFITT, reminds us how falsehoods involving trust money can bring the whole profession into disrepute.

Privacy

Digital image - red lines on a computer screen

NCAT Appeal Panel taps off on the Gold Opal Card case

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The end of the journey for the Gold Opal Card case. By STEPHEN MCKENZIE and EVA LU.

Property

Man signs a contract on a desk, next to scale models of houses

More e-conveyancing essentials for the modern property lawyer

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Get the run down on some of the essential concepts of the mandated e-conveyancing scheme. By KYE TRAN-TSAI, CLAIRE MARTIN and BENJAMIN ADAMS.

Risk

Admin Law Legal Updates

Lawcover tips for managing some key risks in litigation practice

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Professional negligence claims can often arise from complex litigation. JANICE PURVIS and CANDICE PERRIMAN outline some ways to recognise and manage the risks.

Taxation

Foreign trusts and duty – it’s just not cricket

Careful attention required with foreign trusts and duty. By AMANDA TULLY

Technology

Fingers typing on a keyboard

We are all publishers now: ignoring online comments no longer an option

Voller judgment makes it clear that businesses can no longer afford to ignore online comments. By ANGUS MACINNIS

Wills and estates

Solicitor reviews document with older female client

Tread carefully in charging for non-professional work in the administration of estates

The fees solicitors charge in estate administration are increasingly coming before courts, writes LOUISE BROWN.

Workers compensation

Close-up Of A Woman's Hand Filling Work Injury Claim Form

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…