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: May 2022
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 - 6 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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The Guardian of the Constitution: Safeguarding Representative and Responsible Government
The election has been called for 21 May. But suppose it wasn’t. We consider a hypothetical situation where a Prime Minister sought to unconstitutionally govern…
By Dane Luo - 11 min read
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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Beware of unfair general security terms when dealing with SMEs
Small businesses should review general security clauses in their standard contracts to avoid findings of unfair, void or unenforceable contracts.
By Richard Winter - 4 min read
The pursuit of criminal and civil penalties for ‘hard core’ cartel conduct
Analysis of the CPP’s discontinuance of its prosecution of ANZ Banking, Citigroup and Deutsche Bank AG for alleged cartel conduct.
By Lucy Lester - 10 min read-
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Mardi Gras 2022: Cause to celebrate LGBTIQ+ milestones
By James Skelton, Jennifer Dawes and Georgia Burke - 4 min read -
Rewind: 2021 in costs
Rewind 2021: need-to-know developments in the law of costs
By Michelle Castle and Andrew Bailey - 6 min read
A vaxxing issue: parenting disputes over vaccination of children against Covid-19
In parenting disputes regarding whether to vaccinate a child against Covid-19, a primary consideration is whether the decision will be in the child’s best interest.
By Amy Power and Madeleine Causbrook - 6 min read
The pursuit of criminal and civil penalties for ‘hard core’ cartel conduct
Analysis of the CPP’s discontinuance of its prosecution of ANZ Banking, Citigroup and Deutsche Bank AG for alleged cartel conduct.
By Lucy Lester - 10 min read-
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The Child Protection Register: good motives; draconian results?
By Paul Coady and Diane Elston - 8 min read -
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Avoiding a regulatory w-hack in the face of a cyber hack – what AFSL holders need to know
Australian Financial Services Licence holders face significant pecuniary penalties if found to be in breach of cybersecurity risk management obligations under s 912A Corporations Act.
By Talitha Fishburn - 5 min read-
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Online Safety Bill: An overview of the enhanced regime
By Melissa Fai, Jen Bradley and Meaghan Powell - 7 min read -
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
A tale of two Stanfords: blended families and family provision claims
Two unrelated cases of Stanford v Stanford illustrate the intersection of family, succession and arguably elder law in a blended family context.
By Richard McCullagh - 7 min read-
Treating Doctor Reports: retrospective mental capacity cases
By Hayley Bennett and Alisa Green - 6 min read -
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Nothing new to see here – Privatisation and Greenfields Agreements
An enterprise is not a ‘genuine new enterprise’ simply because it is new to an employer.
By Jack de Flamingh and Lukas Powling - 5 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
Mind your ethics: Tips and tricks for playing by the rules 2022
Let the Law Society’s ethics lawyers guide you through the ethical mind field of legal practice
By Paul Monaghan and Linden Barnes - 2 min read-
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Mind your ethics: Tips and tricks for playing by the rules 2021
By Paul Monaghan and Linden Barnes - 12 min read
High Court rules on what constitutes ‘breakdown’ of a de facto relationship
The High Court held the objective conduct of the parties needs to be examined when determining whether a de facto relationship has broken down.
By Jaimi-Lee Gardiner - 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-
Treating Doctor Reports: retrospective mental capacity cases
By Hayley Bennett and Alisa Green - 6 min read -
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New accessorial liability for solicitors under the Sex Discrimination Act and fresh obligations under Conduct Rule 42
Changes to the Sex Discrimination Act have had implications for the recently amended Rule 42 of the Conduct Rules.
By Penny Thew - 5 min read-
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Mardi Gras 2022: Cause to celebrate LGBTIQ+ milestones
By James Skelton, Jennifer Dawes and Georgia Burke - 4 min read -
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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
Russia’s invasion of Ukraine: an international law perspective
While Russia’s military operation in Ukraine is almost universally condemned as an unlawful act of aggression, it raises an unusual number of international law issues.
By Dr Alison Pert - 14 min read
Challenging legal professional privilege in multidisciplinary practices
The Federal Court’s much‑anticipated judgment in the dispute between the Commissioner of Taxation and PricewaterhouseCoopers regarding legal professional privilege.
By Joanne Shepard and Vincci Chan - 6 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
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
Whistleblowing and the high cost of speaking up
Three men are presently before Australian courts charged with revealing information about the inner-workings of government agencies or the conduct of our armed forces. Such…
By Kieran Pender - 14 min read
Vale Geraldine Daley AM
The Injury Compensation Committee of the Law Society was deeply saddened to learn of the death of Geraldine Daley AM on 30 April 2022.
By Tim Concannon - 2 min read-
Motor Accident Injuries Act 2017: Review and recommendations
By Rita Yousef and David Weng - 5 min read -
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Challenging legal professional privilege in multidisciplinary practices
The Federal Court’s much‑anticipated judgment in the dispute between the Commissioner of Taxation and PricewaterhouseCoopers regarding legal professional privilege.
By Joanne Shepard and Vincci Chan - 6 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
Beware of unfair general security terms when dealing with SMEs
Small businesses should review general security clauses in their standard contracts to avoid findings of unfair, void or unenforceable contracts.
By Richard Winter - 4 min read-
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Collaborative housing: the new kid on the block
By Ann Apps, Caitlin McGee and Allison Benson - 6 min read -
To text or not to text: lawyering via chat apps, social media and messaging
As practitioners incorporate the use of social media into their practices, they need to consider the limitations and risks of social media.
By Elissa Baxter and Nitesh Patel - 4 min read
Landholding discretionary trusts and the potential avalanche of stings
Beware of trusts and hidden tax stings.
By Amanda Tully and Jim Main - 3 min read
To text or not to text: lawyering via chat apps, social media and messaging
As practitioners incorporate the use of social media into their practices, they need to consider the limitations and risks of social media.
By Elissa Baxter and Nitesh Patel - 4 min read-
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Data access and interception: new enforcement powers
By Thomas Crowe, Susan Kantor and Paul Kallenbach - 7 min read -
Artificial Intelligence and Solicitors’ Ethical Duties
By Michael Legg and Dr Felicity Bell - 8 min read
Ready, steady, NO: tips and traps for beneficiaries wanting to reject an inheritance
A person cannot be compelled to accept a gift of property against their will. A rejection of an inheritance is commonly called a ‘disclaimer’.
By Jennifer Vuu - 8 min read
Workers compensation: psychological injuries arising out of COVID-19
Covid-19 has had a significant impact on the NSW workers compensation scheme and not just in claims by workers who contracted the disease.
By Marilyn Cassidy - 8 min read
