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.
By Jason Donnelly - 1 min read
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 - 1 min read
The High Court has recently considered whether a foreign State is immune in certain proceedings before Australian courts.
By Justin Hogan-Doran - 1 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 - 1 min read
Lawyers owe clients a duty of care to advise on a range of risks and this duty may extend to climate risks.
By Elizabeth Wild and Sarah Mansfield - 1 min read
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 - 1 min read
As Australia prepares to vote on the Voice, University of Sydney Law School experts examine constitutional and administrative law issues raised in relation to the…
By Elisa Arcioni and Andrew Edgar - 1 min read
The Court of Appeal has provided helpful guidance on the level of competition sufficient to engage non-compete restraints where two companies indirectly compete.
By Cynthia Cochrane SC and Alexander Vial - 1 min read
A recent decision raised issues relevant to the construction and drafting of key clauses in industrial leases.
By Diane Skapinker - 1 min read
A string of recent cases in the District and Supreme Courts of NSW highlight the importance of legal professional privilege.
By Justin Wong and Aaron Roberts - 1 min read
The Court has jurisdiction to order costs against a practitioner but such orders should not be sought gratuitously and without sufficient basis.
By Daniela Faggionato and Lucy Williams - 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 - 1 min read
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.
By Justin Wong and Andrew O'Brien - 1 min read
Regulated entities are expected to know their obligations under the Notifiable Data Breaches scheme and act in a timely manner.
By Cate Cloudsdale - 1 min read
A recent Federal Court decision was the first adjudication arising from a final hearing of the new s 29A defence.
By David Helvadjian - 1 min read
When determining family provision claims, the Court may consider a range of factors including evidence of the deceased’s testamentary intentions.
By Jennifer Vuu - 1 min read
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…
By Jack de Flamingh and Arsalan Azhar - 1 min read
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.
By Teresa Torcasio and Katie Lau - 1 min read
Recent High Court decision considers resulting trusts. Lawyers should be mindful that a property’s legal title may not reflect its beneficial ownership.
By Darryl Browne - 1 min read
Let the Law Society’s ethics lawyers guide you through the ethical mind field of legal practice
By Paul Monaghan and Linden Barnes - 1 min read
It is uncertain when a court will find a spouse’s bare rights under a discretionary trust are capable of constituting property under s 79.
By Farid Assaf SC - 1 min read
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 - 1 min read
The Australian Human Rights Commission has released its highly anticipated suite of guidance material to assist organisations understand their responsibilities and their legal obligations.
By Prabha Nandagopal - 1 min read
Recent High Court decision examined whether there had been an unlawful exercise of the Minister’s personal liberty by departmental officials.
By Jason Donnelly - 1 min read
With its recent expansion, it is timely to take an inside look at how the Youth Koori Court works and what makes it so successful.
By James Clifford - 1 min read
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 - 1 min read
Parties in IP disputes should carefully scrutinise any proposed settlement agreement to overcome any cartel or competition concerns under the Competition and Consumer Act. …
By Cynthia Cochrane SC and Catherine Bembrick - 1 min read
Lethal autonomous weapon systems pose a threat to combatants and civilians alike. It is assessible and there are calls for its immediate prohibition.
By Lorraine Finlay and Patrick Hooton - 1 min read
A string of recent cases in the District and Supreme Courts of NSW highlight the importance of legal professional privilege.
By Justin Wong and Aaron Roberts - 1 min read
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.
By Lorraine Finlay and Patrick Hooton - 1 min read
Arthur Kopsias APM examines the new laws giving law enforcement and security agencies greater powers to access your encrypted data.
By Arthur Kopsias - 1 min read
The political will has arrived, now give the Voice a timetable
By Joanne van der Plaat - 1 min read
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…
By Rita Yousef - 1 min read
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.
By Jonathan Adamopoulos - 1 min read
Recent NCAT decision provides a timely reminder for organisations sharing personal information by email to implement more secure methods for transmitting records.
By Anna Johnston - 1 min read
A recent decision raised issues relevant to the construction and drafting of key clauses in industrial leases.
By Diane Skapinker - 1 min read
Delay and a failure to communicate can give rise not only to disciplinary issues but also professional indemnity claims.
By Glenda Carry and Candice Perriman - 1 min read
Stamp duty on shares was abolished some time ago, but don’t forget about landholder duty.
By Michaela Schmidt - 1 min read
Artificial intelligence can offer a simple, quick and cheap alternative method for lawyers to deliver services to clients.
By Philippe Doyle Gray - 1 min read
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.
By Ines Kallweit and Rachael Hocking - 1 min read
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 - 1 min read
