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: December 2021
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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Animal law update: Positive changes for animals in 2021
An overview of the latest developments in NSW animal protection laws.
By Giulia Prosperi-Porta and Rishika Pai - 6 min read
Migration law practitioners to cast off the shackles of dual regulation
A practical guide to the new practice rules that will apply when the dual regulation of immigration law practice ends in March.
By Frances Moffitt - 6 min read-
Compliance risks: FAQs in the age of the coronavirus part 2
By Glenda Carry and Frances Moffitt - 4 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 - 7 min read -
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Limitation periods: Simple? Not always
Time limits – love ‘em or hate ‘em, you’ve gotta know them.
By Jennifer O'Brien - 3 min read
The limited retainer – carving out property taxes
The importance of limiting retainers for property conveyances.
By Lucy Williams and Milica Vukancic - 3 min read-
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Declaring dividends: lessons from Dick Smith
By Ross Foreman, Kate Boyd and Jerome Entwisle - 7 min read -
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Pitfalls in the Legal Profession Uniform Law costs assessment regime – Part 2
Part two of a two-part article analysing pitfalls in the Legal Profession Uniform Law regime for costs assessment.
By Christopher Bevan - 8 min read
Mandatory Covid-19 vaccinations: recent challenges to Public Health Orders
The latest advice from the Law Society’s Employment Law Committee regarding recent challenges to Public Health Orders.
By The Law Society's Employment Law Committee - 12 min read-
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An onerous onus – Displacing the reverse onus of proof
By Jack de Flamingh and Alice Johnson - 6 min read -
Insurers feel the heat as COVID-19 test cases mount
By John Van de Poll and Stephanie Carter - 6 min read -
Transitioning back to the office: Rights and responsibilities
By Kevin Yee and Katrina Emmerick - 6 min read
New laws bring authorities a step closer to accessing encrypted offshore data
New laws point to an Australia-US Cloud Act agreement allowing cross border access to encrypted data.
By Arthur Kopsias - 8 min read
Solicitors’ duties in the digital era – is there a duty of technological competence?
Simone Herbert-Lowe makes a case for solicitors having a duty of technological competence given the potential for significant financial harm.
By Simone Herbert-Lowe - 6 min read-
Online Safety Bill: An overview of the enhanced regime
By Melissa Fai, Jen Bradley and Meaghan Powell - 7 min read -
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In the public interest? The new defence in NSW defamation law
Guidance from the UK on how the new public interest defence may be interpreted by NSW courts.
By David Helvadjian - 6 min read
Treating Doctor Reports: retrospective mental capacity cases
The importance of contemporaneous medical evidence and treating doctor opinion in mental capacity cases.
By Hayley Bennett and Alisa Green - 6 min read
Mandatory Covid-19 vaccinations: recent challenges to Public Health Orders
The latest advice from the Law Society’s Employment Law Committee regarding recent challenges to Public Health Orders.
By The Law Society's Employment Law Committee - 12 min read-
General Freedom of Speech? Not an academic question
By Jack de Flamingh and Alice Johnson - 7 min read -
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An onerous onus – Displacing the reverse onus of proof
By Jack de Flamingh and Alice Johnson - 6 min read
‘Hot law’: Law Society briefing paper identifies trends in climate change litigation
The Law Society of NSW Briefing Paper brings you up to speed with the latest trends, cases and future direction of climate change litigation.
By Andrew Small - 8 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-
Limitation periods in equity – taking an analogous approach
By Elissa Baxter and Alex Haslam - 4 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
Balancing Legal Project Management with lawyers’ professional obligations
Legal Project Management can support as well as challenge legal professional values and rules of conduct.
By Dr Justine Rogers and Professor Peter Dombkins - 8 min read-
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Mind your ethics: Tips and tricks for playing by the rules 2021
By Paul Monaghan and Linden Barnes - 10 min read -
Mind your ethics: Tips and tricks for playing by the rules 2020
By Paul Monaghan and Linden Barnes - 11 min read -
Mind your ethics: Tips and tricks for playing by the rules 2019
By Paul Monaghan and Linden Barnes - 12 min read
A client-friendly explanation of the merged Family Court
This newly merged court intends to create a more streamlined approach to litigation and significantly reduce wait times for litigants.
By Cassandra Banks - 3 min read
Mental illness as a basis to rescind a contract for the sale of land
Taking a closer look at mental illness as a basis to rescind a contract for the sale of land.
By Anneka Frayne and Talitha Fishburn - 6 min read-
Treating Doctor Reports: retrospective mental capacity cases
By Hayley Bennett and Alisa Green - 6 min read -
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Working with clients with disability: improving experiences in the justice system
Insights and practical tips for working with clients with disability & engaging with the Royal Commission.
By Oliver Moore - 6 min read-
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Unconscious bias: a persistent challenge for female lawyers
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
Black letter law*
An exploration of how a black letter application of the Bail Act can command fairer outcomes for First Nations people.
By The Hon. Justice Lucy McCallum and Erica Timmins - 11 min read-
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Best practice standards for representing Aboriginal clients
By Scott Hawkins and Emma Langton - 4 min read
Insurers feel the heat as COVID-19 test cases mount
A look at the insurance landscape as COVID-19 business interruption cases begin to mount in the courts.
By John Van de Poll and Stephanie Carter - 6 min read
Federal Court recognises AI system as ‘inventor’
In a worldwide, ground-breaking decision of the Federal Court, it was determined that inventors of patentable inventions do not need to be human.
By Natalie P. Stoianoff - 9 min read-
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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
Space debris: a challenge to our way of life on earth
The surprising threat to life on earth and the legal and non-legal solutions we need to consider.
By Steven Freeland - 6 min read
Evaluating witnesses in an online court
Evaluating witnesses and managing sources of bias in an Online Court.
By Michael Legg and Dr Eryn Newman - 8 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 -
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In the public interest? The new defence in NSW defamation law
Guidance from the UK on how the new public interest defence may be interpreted by NSW courts.
By David Helvadjian - 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
[email protected]: What’s it going to take?
Will the Government’s [email protected] response be enough to tackle sexual harassment in the workplace ?
By Maria Nawaz - 6 min read
An introduction to the new Personal Injury Commission
Introducing the new Personal Injury Commission commencing operation in March 2021.
By Judge Gerard Phillips - 7 min read
Multi-disciplinary practices: what are the ethical boundaries?
The Ethics Committee of the Law Society provides an examination of the ethical boundaries involved in ‘one stop shop’ multi-disciplinary practices.
By The Law Society's Ethics Committee - 5 min read
Covid complaint tests the limits of privacy law
In the first COVID-related privacy case in NSW, a sensible result should not be misunderstood: privacy protections still apply.
By Anna Johnston - 6 min read
Mental illness as a basis to rescind a contract for the sale of land
Taking a closer look at mental illness as a basis to rescind a contract for the sale of land.
By Anneka Frayne and Talitha Fishburn - 6 min read-
Collaborative housing: the new kid on the block
By Ann Apps, Caitlin McGee and Allison Benson - 6 min read -
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When an inactive file becomes a problem
Inactive files can be ticking time-bombs, and ignoring them can be perilous.
By Jen McMillan and Candice Perriman - 3 min read-
Managing risks for law firms returning to the office
By Nicola Mostert, Adriana Reina and Sarah Wood - 3 min read -
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Don’t get caught unaware – Murky trust traps
Can you trust a trust? Not always – there are many murky traps to catch the unaware.
By Jim Main - 3 min read
New laws bring authorities a step closer to accessing encrypted offshore data
New laws point to an Australia-US Cloud Act agreement allowing cross border access to encrypted data.
By Arthur Kopsias - 8 min read
Severing a joint tenancy by will-making
When a joint tenant makes a will, in order to convey property on death, they may wish to sever the joint tenancy.
By Darryl Browne - 6 min read-
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Superannuation nominations for persons lacking capacity
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
