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
We consider automated decision-making, the Administrative and Judicial Review Legislation Amendment Bill, the Motor Accident Injuries Act and 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
The Qantas and I-MED reports offer a practical blueprint for demonstrating compliance in complex data-handling and outsourcing arrangements.
By Alex Kotova - 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
A practical guide to Australia’s unfair trading prohibition and the new rules reshaping consumer pricing, subscriptions and digital sales practices.
By Anita Thompson, Amy Riley, Gabrielle Byrne and Isabelle Lim - 2 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
A practical guide to the new digital asset framework, ASIC’s implementation roadmap and the broader laws lawyers must consider as 2027 approaches.
By Ian Paterson, Urszula McCormack and Max Allan - 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
The High Court tackles a recurring dilemma in criminal practice: when can one lawyer safely represent two clients facing sentence together?
By Thomas Spohr - 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
Silencing through litigation—why Australia needs stronger protections for those reporting sexual misconduct.
By Regina Featherstone - 1 min read
From occupation of estate property to investigating prior transactions, this article examines recurring sources of executor conflict and delay.
By Mary-Ann de Mestre - 2 min read
The first employee choice pathway case highlights the factors that will determine whether casual employment has, in substance, become permanent.
By Michael Byrnes - 1 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
The Court denied a plaintiff use of the Brickendon exception for a claim for breach of fiduciary duty, even though the solicitor acted for both parties.
By Daniela Faggionato and Alev Byrne - 2 min read
The High Court tackles a recurring dilemma in criminal practice: when can one lawyer safely represent two clients facing sentence together?
By Thomas Spohr - 1 min read
Key family law developments address parenting orders, foreign stocks and shares as property, property adjustments and companion animals.
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
A landmark judgment explains how gender identity protections interact with women-only services and substantive equality under the Sex Discrimination Act.
By Professor Paula Gerber - 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
By elevating bodily integrity and personal safety within the analysis, the High Court has provided fresh guidance on a recurring evidentiary issue.
By Helen Christinson - 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
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
The High Court tackles a recurring dilemma in criminal practice: when can one lawyer safely represent two clients facing sentence together?
By Thomas Spohr - 1 min read
Website operators may face heightened privacy obligations following rulings that broaden the meaning of personal information in the digital environment.
By Mitch Bruce - 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
The High Court tackles a recurring dilemma in criminal practice: when can one lawyer safely represent two clients facing sentence together?
By Thomas Spohr - 1 min read
A farm sale exposes costly CGT and GST traps when legal ownership, partnership accounts and the purchaser’s intended use are overlooked.
By Jim Main - 1 min read
Website operators may face heightened privacy obligations following rulings that broaden the meaning of personal information in the digital environment.
By Mitch Bruce - 2 min read
From occupation of estate property to investigating prior transactions, this article examines recurring sources of executor conflict and delay.
By Mary-Ann de Mestre - 2 min read
Practitioners face a reformed workers compensation system, with tighter psychological injury rules and new legal funding and assessment processes.
By Tim Concannon - 2 min read
