Administrative

Good administrative decision-making not bound by Briginshaw

Two decisions have removed the uncertainty in relation to the Briginshaw ‘rule’ in the context of administrative decision-making by delegates. By STEPHEN THOMPSON.

Advocacy and law reform

pages of a document

The latest developments in law reform & advocacy: July 2019

The Law Society’s Policy and Practice team brings you a wrap-up of the most important issues of the moment.

Alternative Dispute Resolution (ADR)

ADR Legal Updates

Family arbitration: What it is and how to use it

With the family law system in crisis JUDGE JOE HARMAN of the Federal Circuit Court discusses family arbitration and why it is a good option.

Animal law

Growing public awareness of animal cruelty leads to stronger protections

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Addressing the true cost of your make-up. With growing public consciousness about animal rights, our laws are starting to change. By GIULIA PROSPERI-PORTA and RISHIKA…

Constitutional law

Lady Justice with scales

The Constitutional limits of NCAT’s jurisdiction

Clients need to be advised of the Constitutional limits of NCAT’s jurisdiction so that alternative remedial avenues may be pursued. By RICHARD MCCULLAGH.

Consumer law

Small blocks of wood representing identical shops

Time to play fair: franchising industry faces growing scrutiny

Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNES

Contracts

Red dirt road to Bourke, NSW

Financial regulation and a vulnerable Indigenous community

High Court gives the green light to controversial ‘book-up’ system. By TALITHA FISHBURN.

Corporate and Commercial

Small blocks of wood representing identical shops

Time to play fair: franchising industry faces growing scrutiny

Increased scrutiny reveals franchisors are falling short of Franchising Code of Conduct. By MICHAEL MILNES

Costs

Building construction in the middle of Sydney CBD

Amended security of payment regime set to bring more clarity to building and construction disputes

In the coming months there will be important changes to the way the security of payment regime operates in NSW. By ANDREW BAILEY.

Criminal law

Interior of a prison hallway

The compelling case of the Bowraville murders and its implications for criminal law

CRAIG LONGMAN examines the compelling Bowraville murder trials and the decision’s broader implications for criminal law.

Elder law

Distressed senior looking at bills on desk

In the fight against elder abuse, is it time to revisit the notional estate?

In the national effort to combat elder abuse, is it time to revisit the notional estate? By JOHN CLARKE

Employment law

Consent, the Privacy Act and biometric scanners in the workplace

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An in-depth look at the privacy implications of collecting employees’ biometric data.

Environmental and Planning

What you didn’t know about the landmark Rocky Hill judgment

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The significance of the landmark Rocky Hill judgment – beyond climate change. By JOHN WATTS, KEN EVELEIGH., MICHAEL MANIKAS AND JEFF KITE.

Equity and Trusts

High Court of Australia

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.

Family law

Photo of a couple torn in half

Is this the future of family law? Overview of the ALRC Report

Concerned about the future of family law but haven’t got around to reading the ALRC’s 580+ page report? DR FELICITY BELL provides an overview of…

Health law

The figure of a person is looking for a way out of the maze,

HIV and the law – recent developments in public health and criminal laws

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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…

Human rights

Legal Updates Human Rights

When it comes to human rights, is it time NSW caught up?

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Has the time come for NSW to revisit the question of whether to adopt a human rights act?

Immigration

Stamps in a passport

Shifting goalposts in Australia’s skilled migration program

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On April 2017, the Government announced a major skilled migration reform implementation process that would start immediately and conclude in March 2018 when the subclass…

Indigenous issues

What you didn’t know about the landmark Rocky Hill judgment

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The significance of the landmark Rocky Hill judgment – beyond climate change. By JOHN WATTS, KEN EVELEIGH., MICHAEL MANIKAS AND JEFF KITE.

Insurance

Man wearing mask

Honesty is the best (way to make sure you are covered under the) policy

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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…

Intellectual Property (IP)

Repeal of IP exemption sees companies racing to review contracts

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Changes to competition law repeal IP exemption – now is the time to review IP contracts. By BIANCA BREAKSPEAR, JAKE GRANT, PAUL MCLAUGHLAN and HANNAH…

International law

2018 Timor Sea Treaty: a new dawn in relations between Australia and Timor-Leste?

The Timor Sea Treaty establishes a permanent maritime boundary in the Timor Sea, replacing previous joint petroleum development arrangements. By PROFESSOR DONALD R ROTHWELL.

Litigation

woman using laptop

Privilege pitfalls: implied waiver in email chains

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Beware of implied waiver of legal professional privilege when corresponding with clients in email chains..By CYNTHIA COCHRANE and CATHERINE BEMBRICK

Media law

Apple iPhone 6s screen with social media applications Facebook, Instagram, Twitter, Google, Youtube, Vimeo, LinkedIn, Pinterest, WhatsApp etc.

Reviewing defamation law for the digital age

PATRICK GEORGE examines the National Review of Model Defamation Provisions and the need to address the impact of social media on the world of publication.

National security

A digital world globe showing the Americas.

‘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.

Personal Injury (PI)

overhead view of intersecting motorways with cars

The nuts and bolts of the new NSW CTP scheme

The Motor Accident Injuries Act 2017 (NSW), which commenced on 1 December 2017, will only apply to motor accidents occuring after its commencement. By TIM…

Practice and procedure

Man and woman using computers in an office

Online Court in the District Court of NSW

Guidance on using the Online Court in the District Court. By JAMES HOWARD.

Privacy

Cyber Attack A02

Protecting client confidentiality in the digital era

SIMONE HERBERT-LOWE discusses why protecting client confidentiality is not just an IT problem.

Property

It’s the final countdown: eConveyancing reaches final milestones

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Are you ready for the next stage of the mandate to eConveyancing from 1 July 2019 ? RICHARD HARVEY and GABRIELLE LEA discuss next steps…

Risk

Hanging file folder labeled with Estate Plan

Tips for finalising estate matters

Four tips to minimise risks when finalising estate matters. By JEN MCMILLAN.

Taxation

Scale model of house sits on housing plans next to a set of keys

Advising on the purchase of land? Beware the sting of GST withholding

Beware the sting of GST withholding when advising the purchase of land. By JIM MAIN

Technology

A digital world globe showing the Americas.

‘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.

Wills and estates

A magnifying glass focused on the words 'Estate Planning'

Estate planning and superannuation death benefits

Estate planning and superannuation death benefits. By DARRYL BROWNE

Workers compensation

Close-up Of A Woman's Hand Filling Work Injury Claim Form

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…