Expanded statutory protections may shield the Government from liability for loss it knowingly causes, raising questions about the limits of ‘good faith’.
By Ballanda Sack and Marlon Shou - 1 min read
Our committees discuss court resourcing, workers compensation reforms, regulation of health providers, a Development Coordination Authority, and much more.
By The Law Society Policy and Practice Department - 2 min read
A recent decision highlights how poorly drafted dispute resolution clauses can undermine arbitration rights and leave parties litigating instead.
By Justin Hogan-Doran - 2 min read
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
How reasonable grounds, uncertainty and audience shape the assessment of climate‑related commitments.
By Peta Stevenson, Tamara Hunter, Emma Newnham and Madelyn Attwood - 2 min read
With Australia’s new merger regime mere months away, make sure you understand how its key features and pitfalls will affect your practice.
By Jacqueline Downes - 2 min read
Australia’s rapidly expanding hate laws raise concerns about subjectivity, constitutional limits and the challenges of enforcement across jurisdictions.
By Professor Emerita Anne Twomey - 2 min read
ACL damages restore the counterfactual position and are not limited to diminution in property value, but when is rectification unreasonable?
By Andrew Bailey - 1 min read
The instinct to draft detailed force majeure clauses may be leaving parties with fewer remedies when contracts are tested by new forms of disruption.
By Mark Lazarus - 2 min read
When known risks don’t reach the Board, the consequences for in‑house counsel and the company come into clearer focus.
By Michael Legg - 2 min read
A growing body of case law highlights the risks of inadequate costs estimates, from void costs agreements and assessments to findings of misleading conduct.
By Marina Dulhunty - 1 min read
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
Australia’s rapidly expanding hate laws raise concerns about subjectivity, constitutional limits and the challenges of enforcement across jurisdictions.
By Professor Emerita Anne Twomey - 2 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
Important cases on trust administration, disputed estate entitlements, succession agreements and the recovery of misapplied estate assets.
By Craig Birtles - 1 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
Expanded statutory protections may shield the Government from liability for loss it knowingly causes, raising questions about the limits of ‘good faith’.
By Ballanda Sack and Marlon Shou - 1 min read
When is repayment not really repayment? And can accepting money preserve a breach? Shao forces practitioners, and the courts, back to first principles.
By John Gooley - 2 min read
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
Abuse of process, trust interests in property settlements, litigation funding orders and the use of concurrent expert evidence.
By Craig Nicol and Keleigh Robinson - 1 min read
Delayed diagnosis leaves families unprepared for legal decisions, highlighting the need for structured guidance on planning, supports and capacity.
By Professor Nola Ries and Associate Professor Fiona Kumfor - 1 min read
Australia’s rapidly expanding hate laws raise concerns about subjectivity, constitutional limits and the challenges of enforcement across jurisdictions.
By Professor Emerita Anne Twomey - 2 min read
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
Recent case law exposes limitations in the protection of Indigenous cultural rights, prompting consideration of new drafting conventions.
By Natalie Plumstead - 2 min read
While the Scheme can limit liability, recent cases reveal important exceptions and potential conflicts with professional indemnity insurance.
By Baron Alder and Milica Vukancic - 1 min read
In ruling against the ATO, the High Court stressed a few key points that hint at how diverted profits and royalty withholding tax should be…
By Hugh Paynter, Ryan Leslie, Toby Eggleston and Naison Seery - 2 min read
A seismic judgment finds Trump’s ‘Liberation Day’ unlawful, highlighting his constitutional limits and foreshadowing future challenges in international trade law.
By Dr Jemimah Roberts and Dr Catherine Gascoigne - 2 min read
The meaning of ‘reasonable supervision’ and the limits of delegating responsibility to junior lawyers in practice.
By Glenda Carry - 1 min read
Australia’s rapidly expanding hate laws raise concerns about subjectivity, constitutional limits and the challenges of enforcement across jurisdictions.
By Professor Emerita Anne Twomey - 2 min read
How NSW practitioners can navigate the public interest disclosure framework without incriminating themselves or their client.
By Olivia Dixon - 2 min read
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
How a knowing failure to read mandatory material was enough to satisfy the demanding mental element of the notoriously difficult-to-prove tort.
By Ellen Rock - 2 min read
Recent cases involving generative AI misuse reveal risks in everyday practice, particularly where supervisors lack visibility over how work is produced and verified.
By Dr Felicity Bell and Vishwa Shah - 2 min read
New AML/CTF requirements do more than change client onboarding processes — they trigger privacy obligations many law practices have never faced.
By Simone Herbert-Lowe - 2 min read
Reforms are embedding sustainability into strata governance, lowering approval thresholds and changing the management of common property.
By Allison Benson - 7 min read
While the Scheme can limit liability, recent cases reveal important exceptions and potential conflicts with professional indemnity insurance.
By Baron Alder and Milica Vukancic - 1 min read
A cautionary example illustrating how contingent obligations can quickly become costly tax exposures.
By Michaela Schmidt - 1 min read
New AML/CTF requirements do more than change client onboarding processes — they trigger privacy obligations many law practices have never faced.
By Simone Herbert-Lowe - 2 min read
Important cases on trust administration, disputed estate entitlements, succession agreements and the recovery of misapplied estate assets.
By Craig Birtles - 1 min read
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
