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: November 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 - 4 min read
Singapore Convention: The next tool in resolving international disputes
Benefits of the Singapore Convention to Australians resolving international commercial disputes.
By Wilson Chan and Evatt Styles - 6 min read-
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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
Trump, RBG, Barrett: Lessons from a juridico-political battleground
A fascinating look at the very public US Supreme Court appointment process & how it compares with the very private process for our High Court.
By Professor Helen Irving - 6 min read-
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Aboriginal Australians not vulnerable to deportation
By Elisa Arcioni and Rayner Thwaites - 8 min read -
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 - 7 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 -
The ‘Kill Bill’ movement and alternative fee arrangements
Part one in our LSJ series on alternative fee arrangements.
By Michael Legg and Catrina Chen - 6 min read-
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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 - 7 min read -
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The case for a new tort of cyber harm
Keeping pace with technology and why we need a new tort specifically for digital privacy breaches.
By Rachael Falk - 6 min read
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
When is a complaint or inquiry a protected ‘workplace right’?
Federal Court insights on what types of complaints or inquiries are protected workplace rights under the general protections provisions.
By Jack de Flamingh and Zack Trumper - 9 min read-
High Court clear as day on “notional” day in the life
By Jack de Flamingh and Andy Lynch - 7 min read -
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Employment relationships: When two’s company and three’s a crowd
By Jack de Flamingh and Chris Bell - 11 min read -
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
Let the Law Society’s ethics lawyers guide you through the ethical mind field of legal practice
By Paul Monaghan and Linden Barnes - 10 min read
Re Imogen (No 6): Dispute over Stage 2 hormone therapy for 16 year old
Family Court settles dispute over hormone therapy for teenager with gender dysphoria.
By Dr Felicity Bell - 6 min read-
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Best practice standards for representing Aboriginal clients
By Scott Hawkins and Emma Langton - 4 min read -
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The new National Family Law Property Arbitration List
By Matthew Shepherd and Judge Joe Harman - 6 min read
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
The end of dual regulation for migration law practice
The significance of long-awaited reforms, bringing an end to dual regulation of immigration law practice.
By Joanne Kinslor - 6 min read-
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Family violence – the immigration law context
By Kathryn Viegas and Victoria Stevenson - 10 min read
Best practice standards for representing Aboriginal clients
Legal Aid’s helpful guide provides guidance on issues impacting representation of Aboriginal clients.
By Scott Hawkins and Emma Langton - 4 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
Telstra ordered to release the identity of prospective copyright infringers
Federal Court uses preliminary discovery mechanism to identity suspected copyright infringers.
By Grant Hansen - 4 min read-
Paying the price: sentencing for criminal cartel conduct
By Catherine Bembrick and Liana Witt - 7 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
An update on defamation damages reform
An examination of the amendments to section 35, which enacts statutory caps on awards of damages for non-economic loss.
By Parisa Hart - 5 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
Progress at last, but are we headed for a Claytons Commission?
A compelling analysis of the long awaited Commonwealth Integrity Commission Bill.
By Nicholas Cowdery AO QC FAAL - 7 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
Best practice standards for representing Aboriginal clients
Legal Aid’s helpful guide provides guidance on issues impacting representation of Aboriginal clients.
By Scott Hawkins and Emma Langton - 4 min read-
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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
It’s official – paper CTs are set to go. But is your practice prepared?
With all paper CTs set to be cancelled by mid-2021, we consider the practical implications for legal practices and other businesses.
By Jen McMillan and Michael Osborne - 6 min read-
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NSW Government sets residential developers in its sights
By Christopher Kerin and Nicholas James - 6 min read -
Purchaser surcharge duty: risk management tips for solicitors
With Revenue NSW audits on the rise, we set out the extra precautions you should consider when acting for ‘foreign persons’ in real property transactions.
By Tony Reynolds and Simon Lusk - 5 min read
GoFundMe: The gift that keeps on giving?
A closer look at the complex legal issues raised by crowdfunding platforms such as GoFundMe.
By George Newhouse and Isabel Janssen - 8 min read-
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Deceased estates duty concession: a new Revenue NSW ruling
By Dung Lam and Annelise Jeromela - 7 min read
Cyber security awareness month: making people the first line of defence
Tips on how to reduce cyber risk by educating and training your people.
By Gillian Collins - 3 min read
Superannuation nominations for persons lacking capacity
NSWSC considers whether an enduring attorney can make a binding death benefit nomination for a principal.
By Jen McMillan and Darryl Browne - 8 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
