The winding route to reviewing climate-related administrative decisions
How have courts responded to climate-related administrative challenges and are there inherent constraints in running such cases?
By Anna Huggins and Ellen Hawkins - 1 min read
The latest developments in law reform & advocacy: June 2025
Our committees discuss Duties Act 1977 amendments, psychological injury liability, community justice centres and environmental law reform, and much more.
By The Law Society Policy and Practice Department - 2 min read
Enforcing international arbitration awards in Australia
The High Court has recently considered whether a foreign State is immune in certain proceedings before Australian courts.
By Justin Hogan-Doran - 2 min read-
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The new National Family Law Property Arbitration List
By Matthew Shepherd and Judge Joe Harman - 2 min read
‘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.
By Simon Brannigan, Leanne O'Reilly and Devina Verma - 3 min read-
Animal law update: Positive changes for animals in 2021
By Giulia Prosperi-Porta and Rishika Pai - 2 min read -
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From little things big things grow: lawyers’ role in climate disclosure
Understand the important elements of the new regime and how lawyers can ensure compliance and manage climate risks.
By Ilona Millar and Lily Morton - 2 min read-
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A new ESG era? Deep-dive into greenwashing enforcement
By Katie Lau and Teresa Torcasio - 2 min read
Mandatory climate reporting: ESG now a licence to do business?
New climate reporting laws are likely to impact supply chains over time and require a holistic approach to ESG requirements.
By Barbara Vrettos - 2 min read-
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Compliance risks: FAQs in the age of the coronavirus part 2
By Glenda Carry and Frances Moffitt - 2 min read -
Native title: older and deeper than the Constitution
Commonwealth v Yunupingu has exploded native title doctrine. Understand the context and reasoning behind the watershed decision.
By Tony Denholder and William Simons - 2 min read-
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The Voice: A constitutional and administrative law perspective
By Elisa Arcioni and Andrew Edgar - 2 min read -
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Strangers at the gates: claims against solicitors by non-clients
Not your client, not your problem? Think again. How third parties can hold solicitors accountable for what they say and do.
By Malcolm Cameron and Gina Tasoulis - 2 min read-
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A new ESG era? Deep-dive into greenwashing enforcement
By Katie Lau and Teresa Torcasio - 2 min read -
New framework shifts onus onto companies for scam prevention
If passed, the Bill will impose an obligation for companies to ‘disrupt’ and ‘prevent’ scams, and give consumers a right to sue.
By Martyn Taylor, Helen Taylor, Rajaee Rouhani, Dietrich Marquardt and Alyssya Warty-Hasan - 2 min read-
Retained or not retained: the NSWCA wants specifics
By Daniela Faggionato and Stephanie Barclay - 1 min read -
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The Pepsi case: did the Federal Court bottle it?
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 min read -
Company directors’ duties: the current state of play
With ASIC sharpening its focus, this article unpacks the evolving legal landscape of directors’ duties and the rising personal risks for Australian company directors.
By Pamela Hanrahan - 2 min read
Chorley resurrected? High court finds employed solicitor rule applies to law firms
The question of whether law firms can recover costs for employed solicitors representing them has been settled, but several new questions abound.
By Matthew Lo and Sora Beebar - 2 min read
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.
By Katherine Whitworth and David Wong - 2 min read
Criminal law: June 2025
Precedent on guilty plea discounts when they are not originally accepted, and balancing reduced moral culpability and general deterrence in sentencing.
By Thomas Spohr - 1 min read
The countdown is on for automated decision making transparency requirements
With fines and increased enforcement looming, legal advisors must act now to ensure privacy policies meet new ADM disclosure standards under the Privacy Act.
By Alex Kotova - 1 min read
The new privacy tort’s contentious exemption: the ‘character of news’
Can gossip be news? Explore how Australia’s new privacy tort challenges media freedoms and redefines journalism in the age of celebrity and digital storytelling.
By Matthew Richardson SC - 1 min read
Elder law & succession: June 2025
Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.
By Darryl Browne - 2 min read
Finding the nexus: how to request or deny flexible working arrangements
As we increasingly see working from home as a right, the question begs: to what extent are we entitled to flexible working arrangements?
By Giuseppe Carabetta and Samantha Hinderling - 2 min read
Compulsory acquisition: what is a ‘genuine attempt’ to negotiate?
Negotiating with acquiring authorities can be a minefield for dispossessed landowners as ambiguity over section 10A of the Just Terms Act pervades.
By Timothy Allen and Barisha Tashnin - 2 min read
A pricey change of trustees
Section 54 of the Duties Act 1997 can trip any tax lawyer up and can lead to a number of different tax stings for your…
By Amanda Tully - 6 min read
Solicitors’ rules and ethical responsibilities when dealing with older clients
The proliferation of elder abuse has highlighted the fundamental and unique role solicitors play in preventing this new epidemic.
By Mary-Ann de Mestre - 2 min read
Codification and companion animals: important elements of the family law reforms
Pets, power and property: how Australia’s family law overhaul redefines fairness in separation and the consequences of family violence.
By Jacky Campbell - 1 min read
The practicalities of the new Aged Care Act
The Act represents a significant overhaul of Australia’s aged care system and introduces critical person-centred reforms.
By Arthur Koumoukelis and Ha Nguyen - 1 min read-
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Treating Doctor Reports: retrospective mental capacity cases
By Hayley Bennett and Alisa Green - 2 min read -
Go directly to jail. Do not collect $20,000
Recent case law entrenches counterfactual reasoning in assessing compensatory damages for false imprisonment and raises serious human rights questions.
By Christopher Croese - 2 min read-
Five ingredients: the recipe for a Human Rights Act
By Simon Hendersen and Kathleen Beirne - 2 min read -
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Key issues with the constitutionality of preventive control powers
The Judiciary and Parliament continue to clash on the latter’s power to punish which is vested exclusively with the courts.
By Emily Hammond - 2 min read
Native title: older and deeper than the Constitution
Commonwealth v Yunupingu has exploded native title doctrine. Understand the context and reasoning behind the watershed decision.
By Tony Denholder and William Simons - 2 min read-
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Coming together: First Nations laws and customs in courts
By Oliver Williams and Damian Beaufils - 1 min read -
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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 - 2 min read
The Pepsi case: did the Federal Court bottle it?
In its first application of nascent tax laws, the Court considers what constitutes a contractual right and the new diverted profits tax.
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 min read-
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A cautionary tale for IP settlement agreements
By Cynthia Cochrane SC and Catherine Bembrick - 2 min read -
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Treaty-based law under strain in Antarctica: future challenges for Australia
In many ways a microcosm for the international rules-based order, what does the ailing Antarctic Treaty System say about treaty-based law broadly?
By Donald Rothwell - 2 min read-
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How the Russia-Ukraine conflict will change all future wars
By Lorraine Finlay and Patrick Hooton - 9 min read
Settled yet unpredictable: recent cases on apprehended bias
From heated exchanges to prior roles, recent cases show how apprehended bias is reshaping judicial accountability — and why reform may be on the horizon.
By Tim Maybury - 2 min read
Is it possible to make a public interest disclosure? New lessons for practitioners
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 min read
Is it possible to make a public interest disclosure? New lessons for practitioners
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 min read
Meatball lawyering: how duty lawyers are first responders
New research urges us to rethink what it means to be a duty lawyer and suggests this could address many issues in criminal justice.
By Ray Nickson and Alice Neikirk - 1 min read
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…
By Rita Yousef - 2 min read
Settled yet unpredictable: recent cases on apprehended bias
From heated exchanges to prior roles, recent cases show how apprehended bias is reshaping judicial accountability — and why reform may be on the horizon.
By Tim Maybury - 2 min read
The new privacy tort’s contentious exemption: the ‘character of news’
Can gossip be news? Explore how Australia’s new privacy tort challenges media freedoms and redefines journalism in the age of celebrity and digital storytelling.
By Matthew Richardson SC - 1 min read
Compulsory acquisition: what is a ‘genuine attempt’ to negotiate?
Negotiating with acquiring authorities can be a minefield for dispossessed landowners as ambiguity over section 10A of the Just Terms Act pervades.
By Timothy Allen and Barisha Tashnin - 2 min read-
Native title: older and deeper than the Constitution
By Tony Denholder and William Simons - 2 min read -
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Strangers at the gates: claims against solicitors by non-clients
Not your client, not your problem? Think again. How third parties can hold solicitors accountable for what they say and do.
By Malcolm Cameron and Gina Tasoulis - 2 min read
A pricey change of trustees
Section 54 of the Duties Act 1997 can trip any tax lawyer up and can lead to a number of different tax stings for your…
By Amanda Tully - 6 min read-
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The Pepsi case: did the Federal Court bottle it?
By Hugh Paynter, Ryan Leslie and Graeme Cooper - 2 min read
The countdown is on for automated decision making transparency requirements
With fines and increased enforcement looming, legal advisors must act now to ensure privacy policies meet new ADM disclosure standards under the Privacy Act.
By Alex Kotova - 1 min read
Elder law & succession: June 2025
Important elder law cases on service of notice for family provision claims and allocating superannuation death benefits.
By Darryl Browne - 2 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…
By Michael Selinger and Chloe Hamer - 2 min read
