‘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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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.

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Advising clients charged under the new coercive control legislation

Criminalisation of coercive control takes offending beyond the narrow scope of violence linked to physical acts alone.

By - 8 min read

Elder law & succession: April 2024

Reporting and analysis of the latest judgments and news in wills & estates and elder law. By DARRYL BROWNE.

By - 10 min read

Closing loopholes: More changes to the Fair Work Act

Recent amendments make a number of significant changes to the Act, including a revised definition of ‘casual employee’ and new conversion process for casual employees.

By - 6 min read

Environment and Planning Law update 2023

Recent environment and planning law decisions examining court-approved development applications, Interim Heritage Orders and more.

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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.

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Trouble at the bank of mum and dad

Gift or loan? Families can be litigious when they fall out but good practice at the outset can keep it out of court.

By - 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.

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Ministerial intervention applications and limits on executive power

Recent High Court decision examined whether there had been an unlawful exercise of the Minister’s personal liberty by departmental officials.

By - 5 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

The impact of the ICJ’s advisory opinions in international disputes

This article was the winning entry in the inaugural NSW Young Lawyers International Law Essay Competition. The competition aims to foster academic legal writing and…

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Human rights: Protections against foreign social media interference

Social media has become the new digital battleground as foreign actors try to improperly interfere in decision making processes and influence nations across the globe.

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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…

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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 complexities of granny flat interests

Granny flat arrangements can address socio-economic issues but complex legal and financial issues can arise when parties fail to document their arrangement.

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Solicitors’ duties to advise on the implications of transactions

Recent Supreme Court decision confirms solicitors have an obligation to advise clients on obvious practical implications of transactions which are the subject of advice.

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Changing trustees and landholder duty pain

Consider the landholder duty provisions whenever shares in a company or units in a unit trust are being transferred in landholding entities.

By - 4 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…

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