Inconsistent statutory objectives and the Migration Act: Time for a rethink

There is inconsistency in the application of statutory objectives and administrative decision makers administering the Migration Act should be bound by the same legislative objectives.

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‘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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Testing the competition: Legitimate restraints of trade

The Court of Appeal has provided helpful guidance on the level of competition sufficient to engage non-compete restraints where two companies indirectly compete.

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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 in confiscation and proceeds of crime matters – some early considerations

Recent amendments to unexplained wealth legislation in NSW provides for automatic forfeiture following conviction for a serious offence and other wide-ranging unexplained wealth orders.

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A grave mistake: The perils of testamentary statements in family provision claims

When determining family provision claims, the Court may consider a range of factors including evidence of the deceased’s testamentary intentions.

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High Court denies vicarious urination

A recent High Court decision has brought a degree of common sense back to when an employer may be vicariously liable for the conduct of…

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Escalated crackdown on greenwashing: Just the beginning?

Regulatory watchdogs, ASIC and ACCC, are cracking down on greenwashing claims made by businesses and the consequences for false green claims are greater than ever.

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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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A new positive duty framework

The Australian Human Rights Commission has released its highly anticipated suite of guidance material to assist organisations understand their responsibilities and their legal obligations.

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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.

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A cautionary tale for IP settlement agreements

Parties in IP disputes should carefully scrutinise any proposed settlement agreement to overcome any cartel or competition concerns under the Competition and Consumer Act.  …

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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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Lessons from a NRL spectator’s slip and fall

Leave to appeal was granted in a recent case involving a compensation claim arising from a fall as the primary judgment had significant consequences for…

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Navigating the perils of conversation evidence

The Federal Court has examined the ‘usual practice’ of drafting affidavits in NSW and confirmed there is no rule requiring witnesses to use direct speech.

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Prevention, notification, compensation: Lessons from a government data breach

Recent NCAT decision provides a timely reminder for organisations sharing personal information by email to implement more secure methods for transmitting records.

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Happy 40th! Not quite the surprise you were hoping for

Stamp duty on shares was abolished some time ago, but don’t forget about landholder duty.

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Remotely valid? Validity of electronically signed wills following Re Curtis

The Supreme Court of Victoria recently considered whether a will executed electronically was valid and compliant with the remote execution provisions introduced during COVID-19.

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